[1]
Editor's Note: The Summary Table of Use Regulations is included at the end of this chapter.
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.
[Amended 9-20-2005 by Ord. No. 371; 6-16-2009 by Ord. No.
393]
[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.
[1]
Editor’s Note: Former § 185-15, Preexisting
conditional uses, was repealed 6-16-2009 by Ord. No. 393.
[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; 12-8-2015 by Ord. No. 433; 4-5-2016 by Ord. No. 437; 6-7-2016 by Ord. No. 438; 4-4-2017 by Ord. No. 447; 6-5-2018 by Ord. No. 451]
Use regulations shall be as follows:
R-1
R-2
R-3
|
R-4
|
R-5
|
R-6
|
RS
|
CC
|
LI
|
CI
| |||||
---|---|---|---|---|---|---|---|---|---|---|---|---|
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
|
R-1
R-2
R-3
|
R-4
|
R-5
|
R-6
|
RS
|
CC
|
LI
|
CI
| |||||
---|---|---|---|---|---|---|---|---|---|---|---|---|
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)
| ||||||||||||
(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)
| ||||||||||||
(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)
| ||||||||||||
(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.
|
R-1
|
R-2
R-3
|
R-4
|
R-5
|
R-6
|
RS
|
CC
|
LI
|
CI
| |||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|
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)
| |||||||||||||
(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.
|
R-1
R-2
R-3
|
R-4
|
R-5
|
R-6
|
RS
|
CC
|
LI
|
CI
| |||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
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-foot-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.
|
N
| ||||||||||||
(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
| |||||
(24A)
|
Massage therapy establishment and alternative therapy
establishment
|
N
|
N
|
N
|
N
|
S
|
N
|
N
|
N
| |||||
Any retail establishment in the Township where massage
therapy and/or alternative therapy is being administered by an individual
or individuals licensed by the Pennsylvania State Board of Massage
Therapy or the Township of Upper Southampton if the establishment
meets the following conditions:
| ||||||||||||||
1.
|
Hours of operation shall be limited from 7:00 a.m.
to 10:00 p.m. daily.
| |||||||||||||
2.
|
The establishment may only be located in shopping centers
(Use 41).
| |||||||||||||
(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.
|
R-1
R-2
R-3
|
R-4
|
R-5
|
R-6
|
RS
|
CC
|
LI
|
CI
| ||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
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)
| |||||||||||||||
(h)
|
All pornographic material shall be
stored behind the counter.
| ||||||||||||||
(30C)
|
Sale of consumer fireworks. Sales of consumer fireworks from a permanent facility or temporary structure shall be permitted only by special exception in the LI District subject to compliance with all of the following specific regulations set forth herein with respect to such use as well as the general provisions regarding the Special Exception contained in § 185-80 of this Code as follows:
|
N
|
N
|
N
|
N
|
N
|
N
|
S
|
N
| ||||||
(a)
|
A permanent facility for the sale of
consumer fireworks shall comply with the following criteria established
in Pennsylvania Act 43 of 2017 as follows:
| ||||||||||||||
(1)
|
The facility shall be licensed by the Department of Agriculture
in accordance with licensing requirements established by the Commonwealth
of Pennsylvania;
| ||||||||||||||
(2)
|
The facility shall be a stand-alone permanent structure;
| ||||||||||||||
(3)
|
Storage areas shall be separated from wholesale and retail sales
areas to which a purchaser may be admitted by appropriately rated
fire separation;
| ||||||||||||||
(4)
|
The facility shall not be closer than 250 feet from any facility
selling or dispensing gasoline, propane or other flammable product;
| ||||||||||||||
(5)
|
The facility shall not be located closer than 1,500 feet from
any other facility licensed to sell consumer fireworks; and
| ||||||||||||||
(6)
|
The facility shall have a monitored burglar and fire alarm system
and shall have quarterly fire drills and preplanning meetings conducted
by the local fire company.
| ||||||||||||||
(b)
|
A temporary structure shall be permitted
if 1) licensed by the Department of Agriculture; 2) complies with
Section (a) above; and 3) complies with the requirements and criteria
established in Pennsylvania Act 43 of 2017 as follows:
| ||||||||||||||
(1)
|
The temporary structure is located no closer than 250 feet from
a facility storing, selling or dispensing gasoline, propane or other
flammable products;
| ||||||||||||||
(2)
|
An evacuation plan is posted in a conspicuous location for a
temporary structure in accordance with NFPA 1124;
| ||||||||||||||
(3)
|
The outdoor storage unit, if any, is separated from the wholesale
or retail sales area to which a purchaser may be admitted by appropriately
rated fire separation;
| ||||||||||||||
(4)
|
The temporary structure complies with NFPA 1124 as it relates
to retail sales of consumer fireworks in temporary structures;
| ||||||||||||||
(5)
|
The temporary structure is located one of the following distances
from a permanent facility licensed to sell Consumer Fireworks under
the Act of May 15, 1939 (P.L. 134, No. 65), referred to as the Fireworks
Law, at the time of the effective date of this chapter:
| ||||||||||||||
(i)
|
Prior to January 1, 2023, at least
five miles.
| ||||||||||||||
(ii)
|
Beginning January 1, 2023, at least two miles;
| ||||||||||||||
(6)
|
The temporary structure does not exceed 2,500 square feet;
| ||||||||||||||
(7)
|
The temporary structure is secured at all times during which
consumer fireworks are displayed within the structure;
| ||||||||||||||
(8)
|
The temporary structure has a minimum of $2,000,000 in public
and product liability insurance and otherwise comply with Township
insurance requirements;
| ||||||||||||||
(9)
|
The sales period is limited to June 15 through July 8 and December
21 through January 2 of each year; and
| ||||||||||||||
(10)
|
Consumer fireworks not on display for retail sale are stored
in an outdoor storage unit; and
| ||||||||||||||
(11)
|
Limitations. The sale of consumer fireworks from the temporary
structure is limited to the following:
| ||||||||||||||
(i)
|
Helicopter, aerial spinner (APA 87-1, 3.1.2.3).
| ||||||||||||||
(ii)
|
Roman candle (APA 87-1, 3.1.2.4).
| ||||||||||||||
(iii)
|
Mine and shell devices not exceeding 500 grams.
| ||||||||||||||
(c)
|
In addition to paragraphs (a) and (b) above, both permanent
facilities and temporary structures shall also comply with the following
requirements:
| ||||||||||||||
(1)
|
The facility and/or structure shall not be located within 500
feet of any premises licensed by the Pennsylvania Liquor Control Board
for the sale of alcoholic beverages;
| ||||||||||||||
(2)
|
The facility and/or structure shall not be located within 500
feet of any public recreational facility (Use 20), schools (Use 16)
and/or day nursery/school (Use 19);
| ||||||||||||||
(3)
|
The hours of operation shall be no earlier than 9:00 a.m. and
no later than 9:00 p.m. prevailing time;
| ||||||||||||||
(4)
|
Off-street parking shall be provided in accordance with Article VI of this Zoning Ordinance. In the event that a temporary structure is used, parking must be provided for both the underlying use and temporary structure; and
| ||||||||||||||
(5)
|
The facility and structure shall comply in all respects with
the requirements and standards established and applicable federal,
state and local law and especially those established in the "Pennsylvania
Fireworks Law,"[1] the "Pennsylvania Construction Code Act" and the "Pennsylvania
Uniform Construction Code Act"[2] as enacted and amended from time to time by the General
Assembly of the Commonwealth of Pennsylvania.
| ||||||||||||||
(30D)
|
Medical marijuana dispensary
|
N
|
N
|
N
|
N
|
S
|
N
|
N
|
N
| ||||||
Medical marijuana dispensary is permitted as a special
exception if such use meets the following conditions and criteria:
| |||||||||||||||
(a)
|
Hours of operation shall be limited from 9:00 a.m.
to 9:00 p.m. daily.
| ||||||||||||||
(b)
|
The dispensary and operation thereof shall be in full
compliance with federal, state and local laws including but not limited
to the Medical Marijuana Act. A medical marijuana dispensary shall
obtain all required zoning and building permits from the Township
and submit an approved permit for the operation of a medical marijuana
dispensary that is issued by 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.[3]
| ||||||||||||||
[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
| |||||
TELECOMMUNICATIONS
| ||||||||||||||
(47A)
|
Cellular telecommunications tower: A telecommunications
tower with antennae shall be permitted as a special exception when
such tower complies with the applicable section below
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
| |||||
(a)
|
Requirements for all zoning districts for telecommunications
towers located outside the public rights-of-way. A cellular telecommunications
tower shall comply with all of the following requirements regardless
of the zoning district:
| |||||||||||||
[1]
|
The applicant shall demonstrate that the proposed tower
cannot be accommodated on an existing or already-approved structure
or building, or sited on land owned and maintained by the Township.
The applicant shall demonstrate that it contacted the owners of tall
structures, buildings, and towers within a one-quarter-mile radius
of the site proposed, sought permission to install an antenna on those
structures, buildings, and towers and was denied for one of the following
reasons:
| |||||||||||||
[a]
|
The proposed telecommunications facility would exceed
the structural capacity of the existing building, structure or tower,
and its reinforcement cannot be accomplished at a reasonable cost.
| |||||||||||||
[b]
|
The proposed telecommunications facility would cause
radio frequency interference with other existing equipment for that
existing building, structure, or tower and the interference cannot
be prevented at a reasonable cost.
| |||||||||||||
[c]
|
Existing buildings, structures, or towers do not have
adequate location, space, access, or height to accommodate the proposed
equipment or to allow it to perform its intended function.
| |||||||||||||
[d]
|
A commercially reasonable agreement could not be reached
with the owner of such building, structure, or tower.
| |||||||||||||
[2]
|
The applicant shall demonstrate that the tower is the
minimum height necessary for the service area, and at the proposed
location is necessary to fill a gap in the applicant's coverage or
capacity network.
| |||||||||||||
[3]
|
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. Specifically, the applicant shall demonstrate that the proposed
tower will not generate radio frequency emissions and electromagnetic
fields in excess of the standards and regulations of the Federal Communications
Commission (hereafter "FCC"), including, but not limited to, the FCC
Office of Engineering Technology Bulletin 65, entitled "Evaluating
Compliance with FCC Guidelines for Human Exposure to Radio Frequency
Electromagnetic Fields," as amended. Applicant shall submit a study
and report establishing compliance.
| |||||||||||||
[a]
|
Applicant shall also demonstrate that the proposed
tower will not interfere with public safety communications or the
reception of broadband, television, radio or other communication services
enjoyed by occupants of nearby properties.
| |||||||||||||
[4]
|
Towers shall be designed and constructed to meet all
applicable standards of the American National Standards Institute,
ANSI/EIA-222 E manual, as amended. Applicant shall submit plans, drawings
and structural engineering report demonstrating compliance. The tower
shall be designed to withstand wind gusts of at least 100 miles per
hour. The tower shall be designed so the tower can accommodate the
future placement of antennae by other service providers. All such
plans, drawings and reports for a proposed tower shall contain the
seal and signature of a professional structural engineer, licensed
in the Commonwealth of Pennsylvania.
| |||||||||||||
[5]
|
Applicant shall submit a soil report that documents
and verifies the design specifications of the foundation for the tower,
and anchors for the guy wires, if used, complies with standards of
Appendix I: Geotechnical Investigations, ANSI/EIA 222-E, as amended.
| |||||||||||||
[6]
|
The applicant shall demonstrate that the proposed tower
employs the most current stealth technology available in an effort
to appropriately blend into the surrounding environment and minimize
aesthetic impact. Application of the stealth technology chosen by
the applicant shall be subject to the approval of the Township. Photo
simulations showing the view of the tower, before and after the proposed
installation and from the northerly, southerly, easterly and westerly
directions, shall be provided with the application.
| |||||||||||||
[7]
|
The location of the tower and related equipment shall
comply with all natural resource protection standards established
by this chapter.
| |||||||||||||
[8]
|
A security fence eight feet in height shall completely
surround the tower (guy wires if used), related equipment, and equipment
building in all nonresidential zoning districts, and a security fence
six feet in height shall completely surround the tower (guy wires
if used), related equipment, and equipment building in all residential
zoning districts.
| |||||||||||||
[9]
|
The following buffer plantings shall be located around
the perimeter of the telecommunications security 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.
| |||||||||||||
[10]
|
Towers shall not be artificially lighted, except as
required by law, or required as part of a stealth design.
| |||||||||||||
[11]
|
Towers shall be fully automated and unattended on a
daily basis, and shall be visited only for periodic maintenance or
emergency repair. Two off-street parking spaces shall be created for
such maintenance visits.
| |||||||||||||
[12]
|
Where the tower is located on a property with another
principal use, the applicant shall present documentation that the
owner of the property has granted an easement for the proposed facility
and that vehicular access is provided to the facility.
| |||||||||||||
[13]
|
The tower shall be set back from all adjoining property
lines by a minimum distance equal to 150% of the height of the tower;
and the telecommunications equipment building shall not exceed 10
feet in height and comply with the minimum setback requirements for
the host lot.
| |||||||||||||
[14]
|
The owner or operator of a tower greater than 35 feet
in height shall provide the Township with a certificate of insurance
evidencing general liability coverage in the minimum amount of $5,000,000
per occurrence and property damage coverage in the minimum amount
of $5,000,000 per occurrence covering the tower. Each person that
owns or operates a tower 35 feet or less in height shall provide the
Township with a certificate of insurance evidencing general liability
coverage in the minimum amount of $1,000,000 per occurrence and property
damage coverage in the minimum amount of $1,000,000 per occurrence
covering each tower.
| |||||||||||||
[15]
|
Towers shall be operated and maintained so as not to
produce noise in excess of applicable noise standards under state
law and the Township Code, except in emergency situations requiring
the use of a backup generator, where such noise standards may be exceeded
on a temporary basis.
| |||||||||||||
[16]
|
All towers shall post a sign in a readily visible location
identifying the name and phone number of a party to contact in the
event of an emergency. The only other signage permitted on the tower
shall be those required by the FCC, or any other federal or state
agency.
| |||||||||||||
[17]
|
Within 30 calendar days of the date that an application
for a tower is filed with the Township, the Township shall notify
the applicant in writing of any information that may be required to
complete such application. All applications for towers shall be acted
upon within 150 days of the receipt of a fully completed application
for the approval of such tower and the Township shall advise the applicant
in writing of its decision. If additional information was requested
by the Township to complete an application, the time required by the
applicant to provide the information shall not be counted toward the
one-hundred-fifty-day review period.
| |||||||||||||
[18]
|
In the event that use of a tower is discontinued, the
owner shall provide written notice to the Township of its intent to
discontinue use and the date when the use shall be discontinued. All
abandoned or unused towers, related equipment, and accessory facilities
shall be removed within four months of the cessation of operations
at the site unless a time extension is approved by the Township.
| |||||||||||||
[19]
|
Prior to receipt of a zoning permit for the construction
or placement of a tower, the applicant shall provide to the Township
financial security sufficient to guarantee the removal of the tower,
which shall remain in place until the tower is removed.
| |||||||||||||
(b)
|
Requirements for all zoning districts for new telecommunications
towers located inside the public rights-of-way (ROW). A cellular telecommunications
tower in the public ROW shall comply with all of the following requirements:
| |||||||||||||
[1]
|
Towers in the ROW shall comply with the regulations
set forth in § 185-16(47A) (a)[1], [2], [3], [4], [5], [6],
[7], [10], [11], [14], [15], [16], [17], [18] and [19] of this chapter.
| |||||||||||||
[2]
|
Towers in the ROW shall not exceed 35 feet in height
and are prohibited in areas in which all utilities are located underground.
| |||||||||||||
[3]
|
Towers shall be located at, or near, a side yard property
line and not directly in front of a dwelling or commercial building,
and shall employ a stealth design (i.e., stealth technology) subject
to the approval of the Township. Any proposed tower shall be designed
structurally, electrically, and in all respects, to accommodate antennae
for future users.
| |||||||||||||
[4]
|
Prior to constructing a new tower in the ROW, the applicant
must demonstrate that it could not locate its cellular telecommunications
facility on existing infrastructure, such as existing utility poles,
water towers, or other tall structures. The applicant must demonstrate
that a significant gap in wireless coverage or capacity exists in
the applicable area and that the type of facility being proposed is
the least intrusive means by which to fill that gap.
| |||||||||||||
[5]
|
If such location or co-location described above is
not technologically or economically feasible, towers are permitted
along certain roads classified as collector roads and arterial roads,
as identified in the Upper Southampton Township Comprehensive Plan.
A list of such permitted roads is available in the Township Zoning
Office.
| |||||||||||||
[6]
|
Towers and related equipment shall be located so as
not to cause any physical or visual obstruction to pedestrian or vehicular
traffic, or to otherwise create safety hazards to pedestrians and/or
motorists or to otherwise inconvenience public use of the ROW as determined
by the Township. In addition:
| |||||||||||||
[a]
|
Ground-mounted related equipment, walls, or landscaping
shall not be located within 18 inches of the face of the curb.
| |||||||||||||
[b]
|
Ground-mounted equipment that cannot be placed underground
shall be screened, to the fullest extent possible, through the use
of landscaping or other decorative features to the satisfaction of
the Township.
| |||||||||||||
[c]
|
Required electrical meter cabinets shall be screened
to blend in with the surrounding area to the satisfaction of the Township.
| |||||||||||||
[d]
|
Any graffiti on the tower or on any related equipment
shall be removed at the sole expense of the owner.
| |||||||||||||
[7]
|
Within 60 days following written notice from the Township,
or such longer period as the Township determines is reasonably necessary
or such shorter period in the case of an emergency, the owner of the
tower in the ROW shall, at its own expense, temporarily or permanently
remove, relocate, change or alter the position of any facility when
the Township, consistent with its police powers and applicable Public
Utility Commission regulations, shall determine that such removal,
relocation, change or alteration is reasonably necessary under the
following circumstances:
| |||||||||||||
[a]
|
The construction, repair, maintenance or installation
of any Township or other public improvement in the ROW;
| |||||||||||||
[b]
|
The operations of the Township or other governmental
entity in the right-of-way;
| |||||||||||||
[c]
|
Vacation of a street or road or the release of a utility
easement; or
| |||||||||||||
[d]
|
An emergency as determined by the Township.
| |||||||||||||
[8]
|
In addition to permit fees as described in this section,
every tower in the ROW is subject to the Township's right to fix annually
a fair and reasonable fee to be paid for use and occupancy of the
ROW. Such compensation for ROW use shall be directly related to the
Township's actual ROW management costs including, but not limited
to, the costs of the administration and performance of all reviewing,
inspecting, permitting, supervising and other ROW management activities
by the Township. The owner of each tower shall pay an annual fee to
the Township to compensate the Township for the Township's costs incurred
in connection with the activities described above.
| |||||||||||||
[9]
|
Time, place and manner. The Township shall determine
the time, place and manner of construction, maintenance, repair and/or
removal of all towers in the ROW based on public safety, traffic management,
physical burden on the ROW, and related considerations. For public
utilities, the time, place and manner requirements shall be consistent
with the police powers of the Township and the requirements of the
Public Utility Code.
| |||||||||||||
(c)
|
Antennae when combined with another use on an existing
structure. Antennae that are not mounted on a cellular communications
tower may be combined with an existing use on an existing structure
as a special exception upon satisfaction of the following conditions:
| |||||||||||||
[1]
|
Antennae when combined with another use on an existing
structure shall comply with the same regulations that apply to towers
as are set forth in § 185-16(47A)(a)[1], [2], [3], [4],
[5], [6], [7], [10], [11], [14], [15], [16], [17], [18] and [19] of
this chapter.
| |||||||||||||
[2]
|
Antennae may be added to nonresidential buildings but
shall not be permitted on single-family detached residences, single-family
attached residences, or any residential accessory structure. Antennae
may be located on utility poles, traffic lights and water towers but
shall be prohibited in billboards.
| |||||||||||||
[3]
|
Antennae inside the right-of-way (ROW) shall be located
on existing infrastructure, such as existing utility poles, light
poles or traffic signal poles. If co-location is not technologically
or economically feasible, the applicant, with the Township's approval,
may locate its antenna on existing freestanding structures, with the
exception of billboards, that do not already act as support structures.
Antennae inside the ROW shall not extend the height of the support
structure by more than six feet, but in no case shall the support
structure and antennae combined exceed 35 feet in height. Applicant
must submit sealed plans and documentation to the Township establishing
the total height of the antenna.
| |||||||||||||
[4]
|
For antennae outside the right-of-way, the total height
of any support structure and mounted antenna on an existing structure
shall not exceed six feet above the maximum height permitted for the
existing structure in the underlying zoning district.
| |||||||||||||
[5]
|
Elevations of existing and proposed buildings and structures
showing width, depth, and height, use, statistical and dimensional
data on the antenna and existing support structure shall be presented
at time of application.
| |||||||||||||
[6]
|
Stealth technology and design shall be used for all
antennae. The applicant shall demonstrate that the proposed antennae
employ the most current stealth technology available in an effort
to appropriately blend into the surrounding environment and minimize
aesthetic impact. Application of the stealth technology chosen by
the applicant shall be subject to the approval of the Township photo
simulations showing the view of the building or structure, before
and after the proposed installation and from the north, south, east
and west directions, shall be provided with the application.
| |||||||||||||
[7]
|
The vehicular access to the building shall, whenever
feasible, be provided along the circulation driveways of the existing
use.
| |||||||||||||
[8]
|
An applicant shall locate the telecommunications equipment
in an existing structure if technically feasible. If the applicant
demonstrates that it cannot, the telecommunications equipment may
be located in a separate building if the building complies with the
following requirements:
| |||||||||||||
[a]
|
The building shall comply with the minimum setback
requirements for the subject zoning district.
| |||||||||||||
[b]
|
A security fence eight feet in height shall completely
surround the telecommunications equipment and equipment building in
all nonresidential zoning districts, and a security fence six feet
in height shall completely surround the telecommunications equipment
and equipment building in all residential zoning districts.
| |||||||||||||
[c]
|
Buffer plantings shall be located around the perimeter
of the telecommunications equipment and equipment buildings:
| |||||||||||||
[i]
|
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.
| |||||||||||||
[ii]
|
Existing vegetation (trees and shrubs) shall be preserved
to the maximum extent possible.
| |||||||||||||
[d]
|
Vehicular access to the building shall not interfere
with the parking or vehicular circulation on the site for the principal
use.
| |||||||||||||
[9]
|
No antenna may be located upon any property, or on
a building or structure that is listed on either the National or Pennsylvania
Registers of Historic Places, or is listed on the official historic
structures and/or historic districts list maintained by the Township.
| |||||||||||||
[10]
|
The removal and replacement of an antenna and/or accessory
equipment for the purpose of upgrading or repairing the antenna is
permitted, so long as such repair or upgrade does not substantially
change the wireless support structure, or the number of antennae.
| |||||||||||||
[11]
|
Antenna in the ROW shall otherwise comply with the
regulations set forth in § 185-16(47A)(b) of this chapter
that are not specifically addressed in this § 185-16(47A)(c).
| |||||||||||||
TELECOMMUNICATIONS
| ||||||||||||||
(47B)
|
Antennae permitted by WCBA:
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |||||
Antennae that fall under the Pennsylvania Wireless
Broadband Co-location Act (WBCA)[4] shall be permitted by right in all zoning districts in
the Township. The following regulations apply to such applications:
| ||||||||||||||
[a]
|
The Township shall require no more than a building
permit from the applicant.
| |||||||||||||
[b]
|
Within 30 calendar days of the date that an application
for an antenna is filed with the Township, the Township shall notify
the applicant in writing of any information that may be required to
complete such application. Within 60 calendar days of receipt of a
complete application, the Township shall make its final decision on
whether to approve the application and shall advise the applicant
in writing of such decision.
| |||||||||||||
[c]
|
The permit and/or application fees assessed by the
Township shall not exceed the limits established in the WBCA.
| |||||||||||||
(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
| |||||
(53A)
|
Medical marijuana grower/processor
|
N
|
N
|
N
|
N
|
N
|
N
|
S
|
N
| |||||
Medical marijuana grower/processor is permitted as
a special exception if such use meets the following conditions and
criteria:
| ||||||||||||||
(a)
|
The operation of growing and processing of medical
marijuana shall be in full compliance with federal, state and local
laws including but not limited to the Medical Marijuana Act. A medical
marijuana grower/processor shall obtain all required zoning and building
permits from the Township and submit an approved permit for the operation
of a medical marijuana grower/processor that is issued by the Commonwealth
of Pennsylvania.
| |||||||||||||
(b)
|
A medical marijuana grower/processor must operate entirely
within an indoor, enclosed and secure facility.
| |||||||||||||
(c)
|
A medical marijuana grower/processor must be located
on a lot containing not less than two acres.
| |||||||||||||
(d)
|
A medical marijuana grower/processor shall not be operated
or maintained on a parcel within 1,000 feet, measured by a straight
line in all directions, without regard to intervening structures or
objects, from the nearest point on the property line of a parcel containing
a public, private or parochial school or a day-care center.
| |||||||||||||
(e)
|
There shall be no emission of dust, fumes, vapors or
odors which can be seen, smelled, or otherwise perceived from beyond
the walls of the building(s) where the medical marijuana grower/processor
is operating.
| |||||||||||||
(f)
|
No use of medical marijuana shall be permitted on the
premises of a medical marijuana grower/processor unless related to
the growing process such as quality control.
| |||||||||||||
(g)
|
A medical marijuana grower/processor shall submit a
security plan as required by the Medical Marijuana Act. The medical
marijuana grower/processor shall demonstrate how it will maintain
effective security and control. The security plan shall specify the
type and manner of twenty-four-hour security, tracking, recordkeeping,
record retention, and surveillance system to be utilized in the facility
as required by Section 1102 of the Medical Marijuana Act and as supplemented
by regulations promulgated by the Department of Health pursuant to
the Medical Marijuana Act.
| |||||||||||||
(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 pounds; 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)
| ||||||||||||||
(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.
| |||||||||||||
N
|
N
|
N
|
N
|
N
|
N
|
S
|
N
| |||||||
Use (64). Unspecified use. Any use not otherwise specifically named or established in § 185-16 of this chapter.
|
[1]
Editor's Note: See 72 P.S. § 9401 et seq.
[2]
Editor's Note: See 35 P.S. § 7210.101 et seq.
[3]
Editor's Note: Figure 1, Street Road or Second Street Pike, RS ZOne, is included at the end of this chapter.
[4]
Editor's Note: See 53 P.S. § 11702.3 and Section
6409 of the Middle Class Tax Relief Act.
[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.
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.
[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.
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.
(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.
(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:
(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.
[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.
(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.
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.
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]
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:
[Amended 3-18-1986 by Ord. No. 235; 1-21-1992 by Ord. No.
294; 5-14-1999 by Ord. No. 339-1; 6-16-2009 by Ord. No. 393; 12-16-2014 by Ord. No. 426]
A.
Statutory authorization. The Legislature of the Commonwealth of Pennsylvania
has, by the passage of the Pennsylvania Flood Plain Management Act
of 1978,[1] delegated the responsibility to local governmental units
to adopt floodplain management regulations to promote public health,
safety, and the general welfare of its citizenry. Therefore, the Board
of Supervisors of the Township of Upper Southampton does hereby order
as follows.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B.
General provisions.
(1)
Intent. The intent of this section is to:
(a)
Promote the general health, welfare, and safety of the community.
(b)
Encourage the utilization of appropriate construction practices
in order to prevent or minimize flood damage in the future.
(c)
Minimize danger to public health by protecting water supply
and natural drainage.
(d)
Reduce financial burdens imposed on the community, its governmental
units, and its residents by preventing excessive development in areas
subject to flooding.
(e)
Comply with federal and state floodplain management requirements.
(2)
Applicability.
(a)
It shall be unlawful for any person, partnership, business or
corporation to undertake, or cause to be undertaken, any construction
or development anywhere within the Township of Upper Southampton unless
a permit has been obtained from the Floodplain Administrator.
[Amended 1-3-2017 by Ord.
No. 445]
(3)
Abrogation and greater restrictions. This section supersedes any
other conflicting provisions which may be in effect in identified
floodplain areas. However, any other ordinance provisions shall remain
in full force and effect to the extent that those provisions are more
restrictive. If there is any conflict between any of the provisions
of this section, the more restrictive shall apply.
(4)
Severability. If any section, subsection, paragraph, sentence, clause,
or phrase of this section shall be declared invalid for any reason
whatsoever, such a decision shall not affect the remaining portions
of the section, which shall remain in full force and effect, and for
this purpose the provisions of this section are hereby declared to
be severable.
(5)
Warning and disclaimer of liability.
(a)
The degree of flood protection sought by the provisions of this
section is considered reasonable for regulatory purposes and is based
on accepted engineering methods of study. Larger floods may occur
or flood heights may be increased by man-made or natural causes, such
as ice jams and bridge openings restricted by debris. This section
does not imply that areas outside any identified floodplain areas
or that land uses permitted within such areas will be free from flooding
or flood damages.
(b)
This section shall not create liability on the part of the Township
of Upper Southampton or any officer or employee thereof for any flood
damages that result from reliance on this section or any administrative
decision lawfully made thereunder.
C.
Administration.
(1)
Designation of floodplain administrator.
(a)
The Zoning Officer is hereby appointed to administer and enforce
this section and is referred to herein as the "floodplain administrator."
The floodplain administrator may A) fulfill the duties and responsibilities
set forth in these regulations; B) delegate duties and responsibilities
set forth in these regulations to qualified technical personnel, plan
examiners, inspectors, and other employees; or C) enter into a written
agreement or written contract with another agency or private sector
entity to administer specific provisions of these regulations. Administration
of any part of these regulations by another entity shall not relieve
the community of its responsibilities pursuant to the participation
requirements of the National Flood Insurance Program as set forth
in the Code of Federal Regulations at 44 CFR 59.22.
(b)
In the absence of a designated floodplain administrator, the
floodplain administrator duties are to be fulfilled by the Assistant
Zoning Officer.
(2)
Permits required. A permit shall be required before any construction
or development is undertaken within any area of the Township of Upper
Southampton.
(3)
Duties and responsibilities of floodplain administrator.
(a)
The floodplain administrator shall issue a permit only after
it has been determined that the proposed work to be undertaken will
be in conformance with the requirements of this and all other applicable
codes and ordinances.
(b)
Prior to the issuance of any permit, the floodplain administrator
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 permit shall be issued until this determination has been made.
(c)
In the case of existing structures, prior to the issuance of
any development/permit, the Floodplain Administrator shall review
the history of repairs to the subject building, so that any cumulative
substantial damage concerns can be addressed before the permit is
issued.
[Amended 1-3-2017 by Ord.
No. 445]
(d)
During the construction period, the floodplain administrator
or other authorized official shall inspect the premises to determine
that the work is progressing in compliance with the information provided
on the permit application and with all applicable municipal laws and
ordinances. He/she shall make as many inspections during and upon
completion of the work as are necessary.
(e)
In the discharge of his/her duties, the floodplain administrator
shall have the authority to enter any building, structure, premises
or development in the identified floodplain area, upon presentation
of proper credentials, at any reasonable hour to enforce the provisions
of this section.
(f)
In the event the floodplain administrator discovers that the
work does not comply with the permit application or any applicable
laws and ordinances, or that there has been a false statement or misrepresentation
by any applicant, the floodplain administrator shall revoke the permit
and take whatever action considered necessary.
(g)
The floodplain administrator shall maintain in perpetuity all
records associated with the requirements of this section, including,
but not limited to, finished construction elevation data, permitting,
inspection and enforcement so long as the structure exists.
(h)
The floodplain administrator is the official responsible for
submitting a biennial report to FEMA concerning community participation
in the National Flood Insurance Program.
(i)
The responsibility, authority and means to implement the commitments
of the floodplain administrator can be delegated from the person identified.
However, the ultimate responsibility lies with the person identified
in the Floodplain Ordinance as the floodplain administrator.
(j)
The floodplain administrator shall consider the requirements
of the 34 Pa. Code and the 2009 International Building Code and the
2009 International Residential Code or latest revisions thereof.
(4)
Application procedures and requirements.
(a)
Application for such a permit shall be made, in writing, to
the floodplain administrator on forms supplied by the Township of
Upper Southampton. Such application shall contain the following:
[1]
Name and address of the applicant.
[2]
Name and address of the owner of the land on which proposed
construction is to occur.
[3]
Name and address of the contractor.
[4]
Site location, including address.
[5]
Listing of other permits required.
[6]
A brief description of proposed work and estimated cost, including
a breakout of flood-related cost and the market value of the building
before the flood damage occurred, where appropriate.
[7]
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
permits shall provide all the necessary information in sufficient
detail and clarity to enable the floodplain administrator 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;
[3]
Adequate drainage is provided so as to reduce exposure to flood
hazards;
[4]
Structures will be anchored to prevent flotation, collapse,
or lateral movement;
[5]
Building materials are flood-resistant;
[6]
Appropriate practices that minimize flood damage have been used;
and
[7]
Electrical, heating, ventilation, plumbing, air-conditioning
equipment, and other service facilities have been designed and located
to prevent water entry or accumulation.
(c)
Applicants shall file the following minimum information plus
any other pertinent information as may be required by the floodplain
administrator to make the above determination:
[1]
A completed 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]
The location of all existing and proposed buildings,
structures, and other improvements, including the location of any
existing or proposed subdivision and development;
[d]
The location of all existing streets, drives, and
other accessways; and
[e]
The location of any existing bodies of water or
watercourses, identified floodplain areas, 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 North American Vertical Datum of 1988.
[b]
The elevation of the base flood.
[c]
Supplemental information as may be necessary under
34 Pa. Code, the 2009 International Building Code or the 2009 International
Residential Code, or the latest revision thereof.
[4]
The following data and documentation:
[a]
Detailed information concerning any proposed floodproofing
measures and corresponding elevations.
[b]
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within any identified floodplain area [see Subsection D(1)] when combined with all other existing and anticipated development, will not cause any increase in the base flood elevation.
[c]
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 base 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.
[d]
[e]
The appropriate component of the Department of
Environmental Protection's "Planning Module for Land Development."
[f]
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.
(d)
Applications for permits shall be accompanied by a fee, payable
to the municipality based upon the estimated cost of the proposed
construction as determined by the floodplain administrator.
(5)
Review of application by others. A copy of all plans and applications
for any proposed construction or development in any identified floodplain
area to be considered for approval may be submitted by the floodplain
administrator to any other appropriate agencies and/or individuals
(e.g., Planning Commission, Municipal Engineer, County Conservation
District, etc.) for review and comment.
(6)
Changes. After the issuance of a permit by the floodplain administrator,
no changes of any kind shall be made to the application, permit or
any of the plans, specifications or other documents submitted with
the application without the written consent or approval of the floodplain
administrator. Requests for any such change shall be in writing and
shall be submitted by the applicant to floodplain administrator for
consideration.
(7)
Placards. In addition to the permit, the floodplain administrator
shall issue a placard which shall be displayed on the premises during
the time construction is in progress. This placard shall show the
number of the permit and the date of its issuance and be signed by
the floodplain administrator.
(8)
Start of construction.
(a)
Work on the proposed construction or development shall begin
within 180 days after the date of issuance of the development permit.
Work shall also be completed within 12 months after the date of issuance
of the permit or the permit shall expire unless a time extension is
granted, in writing, by the floodplain administrator. The issuance
of a development permit does not refer to the zoning approval.
(b)
The "actual start of construction" means either the first placement
of permanent construction of a structure on a site, such as the pouring
of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation, or the placement
of a manufactured home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading, and filling;
nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers, or foundations
or the erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure. For
a substantial improvement, the actual start of construction means
the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.
(c)
Time extensions shall be granted only if a written request is
submitted by the applicant, who sets forth sufficient and reasonable
cause for the floodplain administrator to approve such a request and
the original permit is compliant with the ordinance and FIRM/FIS in
effect at the time the extension is granted.
(9)
Enforcement.
(a)
Notices. Whenever the floodplain administrator or other authorized municipal representative determines that there are reasonable grounds to believe that there has been a violation of any provisions of this section or of any regulations adopted pursuant thereto, the floodplain administrator shall give notice of such alleged violation as provided under Article XI of Chapter 185.
(b)
Penalties. Any person who fails to comply with any or all of the requirements or provisions of this section or who fails or refuses to comply with any notice, order of direction of the floodplain administrator or any other authorized employee of the municipality shall be subject to the penalties set forth in Article XI of Chapter 185.
(10)
Appeals.
(a)
Any person aggrieved by any action or decision of the floodplain
administrator concerning the administration of the provisions of this
section may appeal to the Zoning Hearing Board. Such appeal must be
filed, in writing, within 30 days after the decision, determination
or action of the floodplain administrator.
(b)
Upon receipt of such appeal, the Zoning Hearing Board shall
consider the appeal in accordance with the Municipal Planning Code
and any other local ordinance.
(c)
Any person aggrieved by any decision of the Zoning Hearing Board
may seek relief therefrom by appeal to court, as provided by the laws
of this state, including the Pennsylvania Flood Plain Management Act.
D.
Identification of floodplain areas.
(1)
Identification.
(a)
The identified floodplain area shall be:
[1]
Any areas of Township of Upper Southampton, classified as Special
Flood Hazard Areas (SFHAs) in the Flood Insurance Study (FIS) and
the accompanying Flood Insurance Rate Maps (FIRMs) dated March 21,
2017, and issued by the Federal Emergency Management Agency (FEMA)
or the most recent revision thereof, including all digital data developed
as part of the Flood Insurance Study; and
[Amended 1-3-2017 by Ord.
No. 445]
[2]
Any community-identified flood hazard areas, as designated by
resolution by the Board of Supervisors.
(b)
The above-referenced FIS and FIRMs and any subsequent revisions
and amendments are hereby adopted by Township of Upper Southampton
and declared to be a part of this section.
(2)
Description and special requirements of identified floodplain areas.
The identified floodplain area shall consist of the following specific
areas:
(a)
The floodway area shall be those areas identified in the FIS
and the FIRM as floodway and which represent the channel of a watercourse
and the adjacent land areas that must be reserved in order to discharge
the base flood without increasing the water surface elevation by more
than one foot at any point. This term shall also include floodway
areas which have been identified in other available studies or sources
of information for those special flood hazard areas where no floodway
has been identified in the FIS and FIRM.
[1]
Within any floodway area, no encroachments, including fill,
new construction, substantial improvements, or other development,
shall be permitted unless it has been demonstrated through hydrologic
and hydraulic analysis performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase
in flood levels within the community during the occurrence of the
base flood discharge.
[2]
Within any floodway area, no new construction or development
shall be allowed, unless the appropriate permit is obtained from the
Department of Environmental Protection Regional Office.
(b)
The AE Area/District shall be those areas identified as an AE
Zone on the FIRM included in the FIS prepared by FEMA for which base
flood elevations have been provided.
[1]
The AE area adjacent to the floodway shall be those areas identified
as an AE Zone on the FIRM included in the FIS prepared by FEMA for
which base flood elevations have been provided and a floodway has
been delineated.
[2]
The AE area without floodway shall be those areas identified
as an AE Zone on the FIRM included in the FIS prepared by FEMA for
which base flood elevations have been provided but no floodway has
been determined.
[a]
No permit shall be granted for any construction,
development, use, or activity within any AE Area/District without
floodway unless it is demonstrated that the cumulative effect of the
proposed development would not, together with all other existing and
anticipated development, increase the base flood elevation at any
point.
[b]
No new construction or development shall be located
within the area measured 50 feet landward from the top-of-bank of
any watercourse, unless the appropriate permit is obtained from the
Department of Environmental Protection Regional Office.
(c)
The A Area/District shall be those areas identified as an A
Zone on the FIRM included in the FIS prepared by FEMA and for which
no base flood elevations have been provided. For these areas, elevation
and floodway information from other federal, state, or other acceptable
sources shall be used when available. Where other acceptable information
is not available, the base flood elevation shall be determined by
using the elevation of a point on the boundary of the identified floodplain
area which is nearest the construction site. In lieu of the above,
the municipality may require the applicant to determine the elevation
with hydrologic and hydraulic engineering techniques. Hydrologic and
hydraulic analyses shall be undertaken only by professional engineers
or others of demonstrated qualifications, who shall certify that the
technical methods used correctly reflect currently accepted technical
concepts. Studies, analyses, computations, etc., shall be submitted
in sufficient detail to allow a thorough technical review by the municipality.
(d)
The AO and AH Areas/Districts shall be those areas identified
as Zones AO and AH on the FIRM and in the FIS. These areas are subject
to inundation by one-percent-annual-chance shallow flooding where
average depths are between one foot and three feet. In Zones AO and
AH, drainage paths shall be established to guide floodwaters around
and away from structures on slopes.
(e)
Community-identified flood hazard areas shall be those areas
where Township of Upper Southampton has identified local flood hazard
or ponding areas, as delineated and adopted on a Local Flood Hazard
Map using best available topographic data and locally derived information
such as flood of record, historic high-water marks, soils or approximate
study methodologies.
(3)
Changes in identification of area. The identified floodplain area may be revised or modified by the Board of Supervisors where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change to the special flood hazard area, approval must be obtained from FEMA. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, a community shall notify FEMA of the changes to the special flood hazard area by submitting technical or scientific data. See Subsection E(1)(b) for situations where FEMA notification is required.
(4)
Boundary disputes. Should a dispute concerning any identified floodplain
boundary arise, an initial determination shall be made by the floodplain
administrator. The applicant may provide evidence to the contrary
for further consideration. Any party aggrieved by the final decision
or determination may appeal to the Zoning Hearing Board. The burden
of proof shall be on the appellant.
(5)
Jurisdictional boundary changes. Prior to development occurring in
areas where annexation or other corporate boundary changes are proposed
or have occurred, the community shall review flood hazard data affecting
the lands subject to boundary changes. The community shall adopt and
enforce floodplain regulations in areas subject to annexation or corporate
boundary changes which meet or exceed those in 44 CFR 60.3.
E.
Technical provisions.
(1)
General.
(a)
Alteration or relocation of watercourse.
[1]
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 municipality
and until all required permits or approvals have first been obtained
from the Department of Environmental Protection Regional Office.
[2]
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse unless it can be shown that the activity
will not reduce or impede the flood-carrying capacity of the watercourse
in any way.
[3]
In addition, FEMA and the Pennsylvania Department of Community
and Economic Development shall be notified prior to any alteration
or relocation of any watercourse.
(b)
When a community proposes to permit the following encroachments:
any development that causes a rise in the base flood elevations within
the floodway; or any development occurring in Zones A1-30 and Zone
AE without a designated floodway which will cause a rise of more than
one foot in the base flood elevation; or alteration or relocation
of a stream (including but not limited to installing culverts and
bridges), the applicant shall (as per 44 CFR 65.12):
[1]
Apply to FEMA for conditional approval of such action prior
to permitting the encroachments to occur.
[2]
Upon receipt of FEMA's conditional approval of map change and
prior to approving the proposed encroachments, a community shall provide
evidence to FEMA of the adoption of floodplain management ordinances
incorporating the increased base flood elevations and/or revised floodway
reflecting the post-project condition.
[3]
Upon completion of the proposed encroachments, a community shall
provide as-built certifications. FEMA will initiate a final map revision
upon receipt of such certifications in accordance with 44 CFR 67.
(c)
Any new construction, development, uses or activities allowed
within any identified floodplain area shall be undertaken in strict
compliance with the provisions contained in this section and any other
applicable codes, ordinances and regulations.
(d)
No new construction or development shall be located within the
area measured 50 feet landward from the top-of-bank of any watercourse.
(2)
Elevation and floodproofing requirements. Within any identified floodplain area, any new construction or substantial improvements shall be prohibited. If a variance is obtained for new construction or substantial improvements in the identified floodplain area in accordance with the criteria in Article VIII, then the following provisions apply:
(a)
Residential structures.
[1]
In AE, A1-30, and AH Zones, any new construction or substantial
improvement shall have the lowest floor (including basement) elevated
up to or above the regulatory flood elevation.
[2]
In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to or above the regulatory flood elevation determined in accordance with Subsection D(2)(c) of this section.
[3]
In AO Zones, any new construction or substantial improvement
shall have the lowest floor (including basement) at or above the highest
adjacent grade at least as high as the depth number specified on the
FIRM.
[4]
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC) or the most recent revisions thereof and ASCE
24 and 34 Pa. Code (Chapters 401 to 405, as amended) shall be utilized,
where they are more restrictive.
(b)
Nonresidential structures.
[1]
In AE, A1-30 and AH Zones, 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
below the regulatory flood elevation:
[2]
In A Zones, where no base flood elevations are specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with Subsection D(2)(c) of this section.
[3]
In AO Zones, any new construction or substantial improvement
shall have its lowest floor elevated or completely floodproofed above
the highest adjacent grade to at least as high as the depth number
specified on the FIRM.
[4]
Any nonresidential structure, or part thereof, made watertight
below the regulatory flood elevation shall be floodproofed 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.
[5]
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC) or the most recent revisions thereof and ASCE
24 and 34 Pa. Code (Chapters 401 to 405, as amended) shall be utilized,
where they are more restrictive.
(c)
Space below the lowest floor.
[1]
Basements are prohibited.
[2]
Fully enclosed space below the lowest floor (excluding basements)
which will be used solely for the parking of a vehicle, building access,
or incidental storage in an area other than 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 "fully enclosed space" also includes crawl spaces.
[3]
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,
or other coverings or devices, provided that they permit the automatic
entry and exit of floodwaters.
(d)
Historic structures. Historic structures undergoing repair or
rehabilitation that would constitute a substantial improvement, as
defined in this section, must comply with all ordinance requirements
that do not preclude the structure's continued designation as an historic
structure. Documentation that a specific ordinance requirement will
cause removal of the structure from the National Register of Historic
Places or the State Inventory of Historic Places must be obtained
from the Secretary of the Interior or the State Historic Preservation
Officer. Any exemption from ordinance requirements will be the minimum
necessary to preserve the historic character and design of the structure.
(3)
Design and construction standards. The following minimum standards
shall apply for all construction and development proposed within any
identified floodplain area:
(a)
Fill. Within any identified floodplain area, the use of fill shall be prohibited. If a variance is obtained in accordance with the criteria in Article VIII, then the following provisions apply. 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 are submitted to and
approved by the floodplain administrator; 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 supply 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 into floodwaters.
[3]
No part of any on-site waste disposal 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.
[4]
The design and construction provisions of the UCC and FEMA No.
348, "Protecting Building Utilities from Flood Damages," and "The
International Private Sewage Disposal Code" shall be utilized.
(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 E(4), Development that may endanger human life, shall be stored at or above the regulatory flood elevation 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.) used at
or below the regulatory flood elevation shall be finished with a marine
or water-resistant paint or other finishing material.
(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.
(n)
Uniform Construction Code coordination. The standards and specifications
contained 34 Pa. Code (Chapters 401 to 405), as amended and not limited
to the following provisions, shall apply to the above and other subsections
of this section, to the extent that they are more restrictive and
supplement the requirements of this section.
(4)
Development that may endanger human life. Within any identified floodplain area, any structure of the kind described in Subsection E(4)(a) below shall be prohibited. No variance shall be granted.
(a)
In accordance with the Pennsylvania Flood Plain Management Act
and the regulations adopted by the Department of Community and Economic
Development as required by the Act, any new or substantially improved
structure which will be used for the production or storage of any
of the following dangerous materials or substances; or will be used
for any activity requiring the maintenance of a supply of more than
550 gallons, or other comparable volume, of any of the following dangerous
materials or substances on the premises; or will involve the production,
storage, or use of any amount of radioactive substances shall be prohibited.
The following is a list of materials and substances that are considered
dangerous to human life:
Acetone
| |
Ammonia
| |
Benzene
| |
Calcium carbide
| |
Carbon disulfide
| |
Celluloid
| |
Chlorine
| |
Hydrochloric acid
| |
Hydrocyanic acid
| |
Magnesium
| |
Nitric acid and oxides of nitrogen
| |
Pesticides (including insecticides, fungicides, and rodenticides)
| |
Petroleum products (gasoline, fuel oil, etc.)
| |
Phosphorus
| |
Potassium
| |
Radioactive substances, insofar as such substances are not otherwise
regulated
| |
Sodium
| |
Sulfur and sulfur products
|
(5)
Special requirements for subdivisions and development. All subdivision
proposals and development proposals in identified floodplain areas
where base flood elevation data are not available shall be supported
by hydrologic and hydraulic engineering analyses that determine base
flood elevations and floodway information. The analyses shall be prepared
by a licensed professional engineer in a format required by FEMA for
a Conditional Letter of Map Revision and Letter of Map Revision. Submittal
requirements and processing fees shall be the responsibility of the
applicant.
(6)
Special requirements for manufactured homes.
(a)
Within any identified floodplain area, manufactured homes shall be prohibited. If a variance is obtained in accordance with the criteria in Article VIII, then the following provisions apply.
(b)
Within any Floodway Area/District, manufactured homes shall be prohibited. If a variance is obtained in accordance with the criteria in Article VIII, then the following provisions apply.
(c)
Within any identified floodplain area, manufactured homes shall
be prohibited within the area measured 50 feet landward from the top-of-bank
of any watercourse.
(d)
Where permitted within any identified floodplain area, all manufactured
homes, and any improvements thereto, shall be:
[1]
Placed on a permanent foundation;
[2]
Elevated so that the lowest floor of the manufactured home is
at least 1 1/2 feet above base flood elevation; and
[3]
Anchored to resist flotation, collapse, or lateral movement;
and
[4]
Have all ductwork and utilities, including HVAC/heat pump, elevated
to the regulatory flood elevation.
(e)
Installation of manufactured homes shall be done in accordance
with the manufacturer's installation instructions as provided by the
manufacturer. Where the applicant cannot provide the above information,
the requirements of Appendix E of the 2009 International Residential
Building Code or the "U.S. Department of Housing and Urban Development's
Permanent Foundations for Manufactured Housing," 1984 Edition, draft
or latest revision thereto, and 34 Pa. Code Chapters 401 to 405 shall
apply.
(f)
Consideration shall be given to the installation requirements
of the 2009 IBC and the 2009 IRC or the most recent revisions thereto
and 34 Pa. Code, as amended, where appropriate and/or applicable to
units where the manufacturer's standards for anchoring cannot be provided
or were not established for the proposed units' installation.
F.
Prohibited activities.
(1)
General. In accordance with the administrative regulations promulgated
by the Department of Community and Economic Development to implement
the Pennsylvania Flood Plain Management Act, the following activities
shall be prohibited within any identified floodplain area:
G.
Existing structures in identified floodplain areas.
(1)
Existing structures. 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 G(2) shall apply.
(2)
Improvements. The following provisions shall apply whenever any improvement
is made to an existing structure located within any identified floodplain
area:
(a)
No expansion or enlargement of an existing structure shall be allowed within any identified floodplain area that would cause any increase in base flood elevation. In A Areas/Districts, base flood elevations are determined using the methodology in Subsection D(2)(c).
(b)
No expansion or enlargement of an existing structure shall be
allowed in excess of 25% of the lowest floor area.
(c)
Any modification, alteration, reconstruction, or improvement
of any kind to an existing structure to an extent or amount of 25%
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.
(d)
The above activity shall also address the requirements of the
34 Pa. Code, as amended, and the 2009 IBC and the 2009 IRC.
(e)
Within any Floodway Area/District [see Subsection D(2)(a)], no new construction or development shall be allowed, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
(f)
No new construction or development shall be located within the
area measured 50 feet landward from the top-of-bank of any watercourse,
unless the appropriate permit is obtained from the Department of Environmental
Protection Regional Office.
(g)
Any modification, alteration, reconstruction, or improvement
of any kind to an existing structure, to an extent or amount of less
than 25% of its market value, shall be elevated and/or floodproofed
to the greatest extent possible.
(h)
Any modification, alteration, reconstruction, or improvement
of any kind that meets the definition of "cumulative substantial damage"
shall be undertaken only in full compliance with the provisions of
this article.
[Amended 1-3-2017 by Ord.
No. 445]
H.
Variances.
(1)
General. If compliance with any of the requirements of this section
would result in an exceptional hardship to a prospective builder,
developer or landowner, the Township of Upper Southampton may, upon
request, grant relief from the strict application of the requirements.
(2)
Variance procedures and conditions.
(a)
Requests for variances shall be considered by the Township of Upper Southampton in accordance with the procedures contained in Subsection C(10) and the following:
[1]
No variance shall be granted within any identified floodplain area that would cause any increase in base flood elevation. In A Area/District, base flood elevations are determined using the methodology in Subsection D(2)(c).
[3]
If granted, a variance shall involve only the least modification
necessary to provide relief.
[4]
In granting any variance, the Township of Upper Southampton
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]
In reviewing any request for a variance, the Township of Upper
Southampton shall consider, at a minimum, the following:
[7]
A complete record of all variance requests and related actions
shall be maintained by the Township of Upper Southampton. In addition,
a report of all variances granted during the year shall be included
in the annual report to the FEMA.
(b)
Notwithstanding any of the above, however, all structures shall
be designed and constructed so as to have the capability of resisting
the one-percent-annual-chance flood.
I.
Definitions.
(1)
Interpretation of terms. Unless specifically defined below, words
and phrases used in this section shall be interpreted so as to give
this section its most reasonable application.
(2)
ACCESSORY USE OR STRUCTURE
BASE FLOOD
BASE FLOOD DISCHARGE
BASE FLOOD ELEVATION (BFE)
BASEMENT
BUILDING
CUMULATIVE SUBSTANTIAL DAMAGE
DEVELOPMENT
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FLOOD
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOODPLAIN AREA
FLOODPROOFING
FLOODWAY
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURES
(a)
(b)
(c)
(d)
IDENTIFIED FLOODPLAIN AREA
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
PERSON
POST-FIRM STRUCTURE
PRE-FIRM STRUCTURE
RECREATIONAL VEHICLE
(a)
(b)
(c)
(d)
REGULATORY FLOOD ELEVATION
SPECIAL FLOOD HAZARD AREA (SFHA)
START OF CONSTRUCTION
STRUCTURE
SUBDIVISION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
UNIFORM CONSTRUCTION CODE (UCC)
VARIANCE
VIOLATION
Terms defined. As used in this section, the following terms shall
have the meanings indicated:
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
A flood which has a one-percent chance of being equaled or
exceeded in any given year (also called the "one-hundred-year flood"
or "one-percent-annual-chance flood").
The volume of water resulting from a base flood as it passes
a given location within a given time, usually expressed in cubic feet
per second (cfs).
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones AE, AH and A1-30 that indicates the water surface elevation
resulting from a flood that has a one-percent or greater chance of
being equaled or exceeded in any given year.
Any area of the building having its floor below ground level
on all sides.
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.
Flood-related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each such flood event, on average, equals or exceeds 10%
of the market value of the structure before the damages occurred.
[Amended 1-3-2017 by Ord.
No. 445]
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of manufactured homes; streets, and other paving; utilities;
filling, grading and excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
A temporary inundation of normally dry land areas.
The official map on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazards and
the risk premium zones applicable to the community.
The official report provided by the Federal Emergency Management
Agency that includes flood profiles, the Flood Insurance Rate Map,
the Flood Boundary and Floodway Map, and the water surface elevation
of the base flood.
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.
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.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
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;
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;
Individually listed on a state inventory of historic places
in states which have been approved by the Secretary of the Interior;
or
Individually listed on a local inventory of historic places
in communities with historic preservation that have been certified
either:
This is an umbrella term that includes all of the areas within which the community has selected to enforce floodplain regulations. It will always include the area identified as the special flood hazard area on the Flood Insurance Rate Maps and Flood Insurance Study but may include additional areas identified by the community. See Subsection D(1) and (2) for the specifics on what areas the community has included in the identified floodplain area.
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood-resistant partially enclosed area,
used solely for the 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.
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.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.[5]
Structures, including additions to existing structures, for
which the start of construction commenced on or after March 21, 2017,
and includes any subsequent improvements to such structures. Any construction
started after April 3, 1978, and before March 21, 2017, is subject
to the ordinance in effect at the time the permit was issued, provided
the start of construction was within 180 days of permit issuance.
[Amended 1-3-2017 by Ord.
No. 445]
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by a community.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
A structure for which construction or substantial improvement
occurred after December 31, 1974, or on or after the community's initial
Flood Insurance Rate Map (FIRM) dated April 3, 1978, whichever is
later, and, as such, would be required to be compliant with the regulations
of the National Flood Insurance Program.
A structure for which construction or substantial improvement
occurred on or before December 31, 1974, or before the community's
initial Flood Insurance Rate Map (FIRM) dated April 3, 1978, whichever
is later, and, as such, would not be required to be compliant with
the regulations of the National Flood Insurance Program.
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;
Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
The base flood elevation (BFE) or estimated flood height
as determined using simplified methods plus a freeboard safety factor
of 1 1/2 feet.[6]
An area in the floodplain subject to a one-percent or greater
chance of flooding in any given year. It is shown on the FIRM as Zone
A, AO, A1-A30, AE, A99, or AH.
Includes substantial improvement and other proposed new development
and means the date the permit was issued, provided that the actual
start of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days after the date
of the permit and shall be completed within 12 months after the date
of issuance of the permit unless a time extension is granted, in writing,
by the floodplain administrator. The "actual start" means either the
first placement of permanent construction of a structure on a site,
such as the pouring of slab or footings, the installation of piles,
the construction of columns, or any work beyond the stage of excavation,
or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing,
grading, and filling; nor does it include the installation of streets
and walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms; nor does
it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part
of the main structure. For a substantial improvement, the actual start
of construction means the first alteration of any wall, ceiling, floor,
or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
A walled and roofed building, including a gas or liquid storage
tank that is principally above the ground, as well as a manufactured
home.
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels or other
divisions of land, including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs, or 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.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 25% or more of the market value of the structure before
the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, of which the cost equals or exceeds 25% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage
or cumulative substantial damage regardless of the actual repair work
performed. The term does not, however, include 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.
[Amended 1-3-2017 by Ord.
No. 445]
The statewide building code adopted by the Pennsylvania General
Assembly in 1999 applicable to new construction in all municipalities,
whether administered by the municipality, a third party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the code adopted the International Residential Code (IRC) and the
International Building Code (IBC), by reference, as the construction
standard applicable with the state floodplain construction. For coordination
purposes, references to the above are made specifically to various
sections of the IRC and the IBC.
A grant of relief by a community from the terms of a floodplain
management regulation.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)
is presumed to be in violation until such time as that documentation
is provided.
J.
This article shall be effective on March 21, 2017, and shall remain
in force until modified, amended or rescinded by Township of Upper
Southampton, Bucks County, Pennsylvania.
[Amended 1-3-2017 by Ord.
No. 445]
[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.
(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)
ENCROACHMENT
WETLANDS
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any intrusion, alteration, regrading, filling, diversion,
or construction that would change or disturb existing natural features.
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.
(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.