Township of Upper Southampton, PA Use Regulations

Editor’s Note: Former Subsection C, which provided that a designation of "CU" in § 185-16 indicated a use permitted by grant of a conditional use, was repealed 6-16-2009 by Ord. No. 393.

A use listed in § 185-16 is permitted by the grant of a special exception in any district in which it is denoted by the letter "S," provided that approval is granted by the Zoning Hearing Board subject to the general requirements and standards of § 185-16 and § 185-85.

§ 185-14 Uses are subject to other regulations.

[Amended 6-16-2009 by Ord. No. 393]

Uses permitted by right or by special exception shall be subject in addition to use regulations, to such regulations of yards, lot size, lot width, building coverage, height, provisions for off-street parking and loading, and to such other provisions as are specified in other articles herein.

§ 185-15 (Reserved) [1]

Editor’s Note: Former § 185-15, Preexisting conditional uses, was repealed 6-16-2009 by Ord.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

§ 185-16 Table of Use Regulations.

[Amended 12-1-1987 by Ord. No. 249; 10-4-1988 by Ord. No. 261; 5-2-1989 by Ord. No. 266; 11-19-1991 by Ord. No. 290; 1-21-1992 by Ord. No. 294; 8-11-1992 by Ord. No. 300; 9-2-1997 by Ord. No. 331; 3-18-2003 by Ord. No. 356; 10-21-2003 by Ord. No. 360; 9-20-2005 by Ord. No. 371; 2-6-2007 by Ord. No. 383; 10-2-2007 by Ord. No. 388; 6-16-2009 by Ord. No. 393; 10-1-2013 by Ord. No. 420; 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)	Density, impervious surface ratio, open space ratio shall be in accordance with §§ 185-17 and 185-22.
	(c)	Each townhouse dwelling unit shall incorporate varied designs, architectural modes and setbacks to avoid a development resembling "row houses," and shall contain not less than three nor more than six dwelling units joined by common walls.
	(d)	Special requirements:
		[1]	Municipal facilities: All townhouse dwelling units must be provided with public water and sewer facilities.
		[2]	Variation of design:
			[a]	An overall structure of townhouses shall not be permitted with one common roof line or with equal front yard setbacks for all of the buildings, shall have a distinction between dwelling units by varying the unit width or height, providing different exterior materials on the facade or changing the roof lines.
			[b]	Setbacks shall vary from one dwelling unit to the other so that each is offset from the adjoining unit by a minimum of two feet.
		[3]	Natural features to be retained: Existing natural features such as clusters of trees, brooks, creeks, streams, and drainage channels shall be retained wherever practicable. These features shall be identified and contained on the topography plan submitted with the preliminary plans of the townhouse development.
		[4]	Open space shall be in accordance with § 185-17.
(10)	Duplex				N	P	P	P	N	N	N	N
(11)	Twin duplex				N	P	P	P	N	N	N	N
(12)	Garden apartments				N	N	P	P	N	N	N	N
(12A)	Mid-rise and elderly mid-rise				N	N	N	P	N	N	N	N
	(a)	Lot area: In the R-5 District, a minimum of five acres with a width of not less than 300 feet at the building setback line and street line; in the R-6 District, a minimum of 10 acres with a width of not less than 100 feet at the building setback line and street line.
	(b)	Density, impervious surface ratio, open space ratio shall be in accordance with § 185-17 and § 185-22.
	(c)	Buffer yards: Along each side and rear property line which adjoins a residential district boundary, a buffer yard of 75 feet shall be provided. Such buffer yard shall meet the requirements of § 185-60.
	(d)	Building orientation: Facing walls are walls opposite to and parallel with one another and wall lines, or wall lines extended of opposite walls intersecting at angles of less than 65°. The minimum horizontal distance between facing walls of any two buildings on one lot or any one building with facing walls:
		[1]	In the R-5 Districts:
			[a]	Where two facing walls both contain a window or windows, there shall in no case be less than a seventy- five-foot separation.
			[b]	Between two facing walls, only one of which contains a window or windows, there shall be in no case less than a fifty-foot separation.
			[c]	Between two facing walls, neither of which contains a window or windows, there shall be in no case less than a thirty-foot separation.
			[d]	Between corners of two buildings where no exterior wall of one building lies in such a way that it can be intersected by a line drawn perpendicular to any exterior wall of other buildings (other than a line that results from colinear walls), there shall be no less than a twenty- five-foot separation.
		[2]	In the R-6 District, the minimum horizontal distance between facing walls of buildings on the site shall be 50 feet or the height of the taller building, whichever is greater, where both facing walls contain windows. Where one or neither facing building walls contains windows, the minimum distance shall be 50 feet.
	(e)	Recreation space: At least 10% of the open space shall be devoted to recreation space.
	(f)	In the R-6 District, for the purpose of applying special exceptions and reduced standards, an elderly mid-rise apartment is one subsidized by the federal, state, county or Township government in order to allow occupancy of all the dwelling units by families or individuals who qualify for such subsidized housing because of age and inadequate income or because they qualify therefor as handicapped persons.
	(g)	The owner of an R-6 elderly housing, mid-rise apartment shall file with the Township a notarized statement on January 1 of each year or at other times deemed necessary by the Board of Supervisors indicating the status of tenants with reference to qualification as elderly or handicapped. Occupation of the use by persons not qualifying as elderly or handicapped as defined in Subsection (12A)(f) shall constitute a violation of this chapter by the property owner.
(13)	Rooming house				N	N	P	P	P	S	N	N
	(a)	A rooming house is a building or part of a building occupied by three or more roomers, boarders or lodgers, living as independent individuals, needing no assistance such as physical or custodial care.
	(b)	A roomer, boarder or lodger is a person occupying any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes, and paying compensation for lodging, or board and lodging by prearrange- ment for a week or more at a time to an owner or renter or operator. Any person occupying such room or rooms and paying such compensation without pre- arrangement or for less than a week at a time shall be classified for purposes of this chapter not as a roomer, boarder or lodger, but as a guest of a commercial lodging establishment (motel, hotel, tourist home).
	(c)	The lot upon which such rooming house is located shall have a lot area of not less than 1,500 square feet for each person including staff. This require- ment shall be in addition to other lot area requirements of this chapter.
(13A)	Mobile home park				N	P	N	N	N	N	N	N
	(a)	Minimum acreage: A proposed mobile home park development site shall have a minimum lot area of 15 acres.
	(b)	Performance standards: The density in a mobile home park shall not exceed the density of the R-4 District for detached dwelling units. The minimum open space ratio shall be 0.10 and the maximum impervious surface ratio shall be 0.25.
	(c)	Dimensional requirements: Dimensions shall conform with cluster provisions for the R-4 District as outlined in § 185-22, Table of Dimensional Requirements.
	(d)	Access: Provisions shall be made for safe and efficient circulation to and from public streets and highways serving the mobile home park development without causing interference or confusion with the normal traffic flow.
	(e)	Site drainage requirements: The ground surface on all parts of every mobile home development shall be graded and equipped to drain all surface water in a safe, efficient manner as approved by the Township Engineer.
	(f)	Mobile home development street system: All streets shall be constructed in accordance with the Township specifications applicable to public streets in conventional residential developments.
	(g)	Accessory uses: In addition to the accessory uses permitted in the R-4 District as outlined in § 185-16, mobile home parks shall permit one management office which shall conform to the dimensional requirements in § 185-22 for the RS District "All other permitted uses."
(13B)	Family care home				P	P	P	P	N	N	N	N
	Any facility providing residential services to persons residing in a residential facility wherein permanent care or professional supervision is present, subject to the following provisions:
	(a)	No more than five persons, plus the professional staff, shall occupy a family care home.
	(b)	The family care home shall be a "not for profit" facility and receive all required approvals and licenses from appropriate state and county agencies, and must comply in all respects with applicable provisions of the Township building and fire codes.

			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)	Installation of a minimum six- foot-high wooden fence on the property in accordance with § 185-45 of this chapter. Where fences are prohibited, a buffer planting shall be required in accordance with § 185-60D and § 185-60E of this chapter.
	(f)	The family care home for substance abuse rehabilitation shall not be located within 3,000 feet of any educational, religious, recreational or institutional use.

				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)	All applications for this use shall comply with §§ 185-79 and 185-80 of this chapter.
	(h)	All pornographic material shall be stored behind the counter.
(30C)	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)	Prior to the erection of any earth station, a zoning permit shall be obtained pursuant to the provisions of Article IV, § 185-12, of this chapter.
(58)	Accessory uses clearly incidental to, and customary to and commonly associated with, the principal uses permitted in LI and CI Districts:				N	N	N	N	N	N	P	P
	(a)	Retail uses incidental to and in support of any permitted principal uses such as cafeterias, soda or dairy bars, and shops on the same tract as the principal use. Any such use shall be conducted solely for the convenience of employees, shall be wholly within the building containing the principal uses; and shall have no exterior advertising display.
	(b)	Distribution and storage activities not involving a retail activity on the premises and enclosed within a building.
	(c)	Recreational facilities solely for the use of employees and their families.
(59)	Accessory buildings or structures, or uses customarily incidental to the uses permitted in RS, CC, CI and LI Districts with the exception of outdoor storage:				N	N	N	N	P	P	P	P
	(a)	Such accessory uses are provided in conjunction with a permitted primary use.
	(b)	Any accessory use to a use permitted only by special exception shall be established only if and as provided in such special exception.
(60)	Outside storage or display. Outside storage or display, other than storage as a primary use of the land, necessary but incidental to the normal operation of a primary use; subject to the following additional provisions:				N	N	N	N	P	P	P	P
	(a)	No part of the street right- of-way, no sidewalks or other areas intended or designed for pedestrian use, no required parking areas, and no part of the required front yard shall be occupied by outside storage or display.
	(b)	Outside storage and display areas shall occupy an area of less than 1/2 the existing building coverage.
	(c)	Outside storage and display areas shall be shielded from view from the public streets or adjacent residential districts.
	Uses requiring more substantial amounts of land area for storage or display may be exempt from the provision of Subsections (b) and (c) above when granted as a variance by the Zoning Hearing Board. Such uses shall be subject to the following additional provisions:
	(d)	No more than 25% of the lot area shall be used in outdoor storage or display.
	(e)	In particular, uses appropriate for consideration under this provision include but are not limited to greenhouses (Use 4). Among the uses that shall not be considered appropriate for inclusion under this provision are retail shops and stores (Use 30), repair shops for appliances (Use 32), gasoline service stations (Use 38), sale of automotive accessories (Use 39), Wholesale business (Use 51), warehousing (Use 52), manufacturing (Use 53), and contractor offices and shops (Use 55).
(61)	Temporary structure or use for construction purposes. A temporary permit may be issued for structures or uses necessary during construc- tion subject to the following additional provisions:				P	P	P	P	P	P	P	P
	(a)	The life of such permit shall not exceed six months. It may thereafter be renewed for three- month periods until completion of construction.
	(b)	Temporary use shall be only for those purposes authorized by the Zoning Officer.
	(c)	Such structure or use shall be removed completely upon expiration of the permit without cost to the Township.
(62)	Drive-in stand not exceeding 400 square feet of gross floor area for the sale of farm, nursery, or greenhouse products produced on the premises where offered for sale, provided:				P	P	P	P	N	N	N	N
	(a)	The stand shall not be nearer than 50 feet to any intersec- tion.
	(b)	The stand shall be of temporary construction but shall be maintained in good condition.
(63)	Travel trailers and recreational vehicles, storage of, subject to the following provisions:				P	P	P	P	N	N	N	N
	(a)	In all districts no more than one travel trailer or one recreational vehicle shall be stored on a lot.
	(b)	Such travel trailers shall be owned by the occupant of the lot upon which the travel trailer is stored.
	(c)	Such travel trailers must be unoccupied.
	(d)	The provisions of outside storage included in Use 60 must be complied with.
	(e)	Subsections (a) and (b) above shall not apply to the storage of trailers as a permitted principal use.
(63A)	Commercial trailer, storage use, subject to the following provisions:				N	N	N	N	P	P	P	P
	(a)	A permit may be issued by the Board of Supervisors for use of a commercial trailer for storage purposes subject to the following provisions:
		[1]	The life of such a permit shall not exceed three months, renewable at three- month intervals from date of expiration of permit.
		[2]	Trailer to be parked in such a manner so that no other provisions of this chapter or any other Township ordinance will be violated.
		[3]	For purposes of interpreta- tion, commercial trailers are to be considered "structures."
		[4]	The provisions of outside storage included in Use 60 must be complied with.
					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.

Editor's Note: See 72 P.S. § 9401 et seq.

Editor's Note: See 35 P.S. § 7210.101 et seq.

Editor's Note: Figure 1, Street Road or Second Street Pike, RS ZOne, is included at the end of this chapter.

Editor's Note: See 53 P.S. § 11702.3 and Section 6409 of the Middle Class Tax Relief Act.

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

[Added 11-18-2003 by Ord. No. 361]

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."

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.

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:

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.

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.

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.

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.

Lot size. The minimum lot size for a property on which an off-premises advertising sign may be located is 20,000 square feet.

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.

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:

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.

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.

One shrub which shall be three feet to four feet in height per three lineal feet of frontage or 40 shrubs, whichever is greater, shall be planted in front of the sign.

(8)

Plans required. Applicant shall submit all applications and plans required by § 185-75, of the Upper Southampton Zoning Chapter and a landscaping plan referred to in Subsection C(7) above.

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.

Editor's Note: See Ch. 56, Building Construction.

Interpretation. For the purposes of interpretation of this § 185-16.1, the area of any property which immediately abuts and adjoins the Pennsylvania Turnpike shall not be considered as a front yard.

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

[Added 12-18-2012 by Ord. No. 418]

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]

Editor's Note: Said plan and Exhibit A are on file in the Township offices.

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.

Editor's Note: See Ch. 160, Subdivision and Land Development.

Use. If a property is developed as a TCAA community, the following regulations and requirements shall apply:

Use regulations.

Types of housing permitted.

All dwelling units in a TCAA community shall be used for residential uses only and specifically limited to following types of housing:

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

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.

The dwellings may not be used for any other uses otherwise permitted in the RS Retail Service District.

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.

Editor's Note: See 42 U.S.C. § 3601 et seq.

Editor's Note: See 43 P.S. § 951 et seq.

Dwellings located within a TCAA community may be privately owned and/or leased. All residents must meet the age and other restrictions established herein.

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.

Bulk regulations.

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.

The density, impervious surface ratio and open space ratio shall be in accordance with §§ 185-17 and 185-22 of the Upper Southampton Zoning Ordinance.

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.

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:

The minimum horizontal distance between facing walls of buildings on the site shall be 40 feet where both facing walls contain windows.

Where one or neither facing building walls contains windows, the minimum distance shall be 25 feet.

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.

TCAA developments must comply with all other applicable regulations set forth in the Upper Southampton Township Zoning Ordinance, which shall apply to the development of the properties as TCAA communities.

§ 185-17 Open space.

[Amended 1-21-1992 by Ord. No. 294]

The following forms of ownership, at the discretion of the Board of Supervisors, shall be used to preserve, own or maintain open space:

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.

Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.

Homeowners' association. The open space may be held in common ownership by a homeowners' association. This method shall be subject to all the provisions of the homeowners' association set forth in the Pennsylvania Municipalities Planning Code.[2]

Editor's Note: See 53 P.S. § 10101 et seq.

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.

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.

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.

Open space shall comply with the Table of Performance Standards set in § 185-22.

Fee in lieu of dedication/reservation.

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.

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.

All moneys paid to the Township pursuant to this section shall be used only for the purpose of providing and maintaining park and recreation facilities. Fees shall be deposited and administered in accordance with the Pennsylvania Municipalities Planning Code, as amended.

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

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]

Editor's Note: See 53 P.S § 10101 et seq.

Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.

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:

Golf course or country club.

Private swimming pool or swimming club.

Game and play area.

Tennis courts.

Children's nursery or day care center.

Any other use deemed appropriate by the Township for the orderly development of the area.

Whether Subsections A or B above apply wholly or sectionally to land not included within lots to be conveyed, all such land shall be improved to meet Township standards and in accordance with the approved site plan.

§ 185-19 Floodplain regulations.

[Amended 3-18-1986 by Ord. No. 235; 1-21-1992 by Ord. No. 294; 5-14-1999 by Ord. No. 339-1; 6-16-2009 by Ord. No. 393; 12-16-2014 by Ord. No. 426]

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.

Editor's Note: See 32 P.S. § 679.101 et seq.

General provisions.

Intent. The intent of this section is to:

Promote the general health, welfare, and safety of the community.

Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.

Minimize danger to public health by protecting water supply and natural drainage.

Reduce financial burdens imposed on the community, its governmental units, and its residents by preventing excessive development in areas subject to flooding.

Comply with federal and state floodplain management requirements.

Applicability.

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]

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.

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.

Warning and disclaimer of liability.

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.

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.

Administration.

Designation of floodplain administrator.

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.

In the absence of a designated floodplain administrator, the floodplain administrator duties are to be fulfilled by the Assistant Zoning Officer.

Permits required. A permit shall be required before any construction or development is undertaken within any area of the Township of Upper Southampton.

Duties and responsibilities of floodplain administrator.

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.

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.

Editor's Note: See 35 P.S. § 750.1 et seq.

Editor's Note: See 32 P.S. § 693.1 et seq.

Editor's Note: See 35 P.S. § 691.1 et seq.

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]

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.

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.

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.

Application procedures and requirements.

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:

Name and address of the applicant.

Name and address of the owner of the land on which proposed construction is to occur.

Name and address of the contractor.

Site location, including address.

Listing of other permits required.

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.

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:

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;

All utilities and facilities, such as sewer, gas, electrical and water systems, are located and constructed to minimize or eliminate flood damage;

Adequate drainage is provided so as to reduce exposure to flood hazards;

Structures will be anchored to prevent flotation, collapse, or lateral movement;

Building materials are flood-resistant;

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.

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:

A completed permit application form.

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:

North arrow, scale, and date;

Topographic contour lines, if available;

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.

Plans of all proposed buildings, structures and other improvements, drawn at suitable scale, showing the following:

The proposed lowest floor elevation of any proposed building based upon North American Vertical Datum of 1988.

The elevation of the base flood.

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.

The following data and documentation:

Detailed information concerning any proposed floodproofing measures and corresponding elevations.

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.

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]

Detailed information needed to determine compliance with Subsection E(3)(f), Storage, and Subsection E(4), Development that may endanger human life, including:

[i]

The amount, location and purpose of any materials or substances referred to in Subsections E(3)(f) and E(4) which are intended to be used, produced, stored or otherwise maintained on site.

[ii]

A description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed in Subsection E(4) during a base flood.

[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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Identification of floodplain areas.

Identification.

The identified floodplain area shall be:

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]

Any community-identified flood hazard areas, as designated by resolution by the Board of Supervisors.

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.

Description and special requirements of identified floodplain areas. The identified floodplain area shall consist of the following specific areas:

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Technical provisions.

General.

Alteration or relocation of watercourse.

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.

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.

In addition, FEMA and the Pennsylvania Department of Community and Economic Development shall be notified prior to any alteration or relocation of any watercourse.

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):

Apply to FEMA for conditional approval of such action prior to permitting the encroachments to occur.

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.

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.

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.

No new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse.

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:

Residential structures.

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.

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.

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.

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.

Nonresidential structures.

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:

Is floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water; and

Has structural components with the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

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.

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.

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.

Space below the lowest floor.

Basements are prohibited.

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.

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 minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.

The bottom of all openings shall be no higher than one foot above grade.

Openings may be equipped with screens, louvers, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.

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.

Design and construction standards. The following minimum standards shall apply for all construction and development proposed within any identified floodplain area:

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:

Extend laterally at least 15 feet beyond the building line from all points;

Consist of soil or small rock materials only; sanitary landfills shall not be permitted;

Be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling;

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

Be used to the extent to which it does not adversely affect adjacent properties.

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.

Water and sanitary sewer facilities and systems.

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.

Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.

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.

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.

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.

Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.

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.

All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.

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.

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.

Plywood used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.

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.

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.

Paints and other finishes used at or below the regulatory flood elevation shall be of marine or water-resistant quality.

Adhesives used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.

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.

(k)

Electrical components.

Electrical distribution panels shall be at least three feet above the base flood elevation.

Separate electrical circuits shall serve lower levels and shall be dropped from above.

(l)

Equipment. Water heaters, furnaces, air-conditioning and ventilating units, and other electrical, mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation.

(m)

Fuel supply systems. All gas and oil supply systems shall be designed to prevent the infiltration of floodwaters into the system and discharges from the system into floodwaters. Additional provisions shall be made for the drainage of these systems in the event that floodwater infiltration occurs.

(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.

International Building Code (IBC) 2009 or the latest edition thereof: Sections 801, 1202, 1403, 1603, 1605, 1612 and 3402 and Appendix G.

International Residential Building Code (IRC) 2009 or the latest edition thereof: Sections R104, R105, R109 and R322, Appendix E, and Appendix J.

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.

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

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.

Special requirements for manufactured homes.

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.

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.

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.

Where permitted within any identified floodplain area, all manufactured homes, and any improvements thereto, shall be:

Placed on a permanent foundation;

Elevated so that the lowest floor of the manufactured home is at least 1 1/2 feet above base flood elevation; and

Anchored to resist flotation, collapse, or lateral movement; and

Have all ductwork and utilities, including HVAC/heat pump, elevated to the regulatory flood elevation.

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.

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.

Special requirements for recreational vehicles. Within any identified floodplain area, recreational vehicles shall be prohibited. If a variance is obtained in accordance with the criteria in Article VIII, then the following provisions apply:

Recreational vehicles in Zones A, A1-30, AH and AE must either:

Be on the site for fewer than 180 consecutive days; and

Be fully licensed and ready for highway use; and

Be removed from the floodplain when an evacuation/flood warning is issued.

Prohibited activities.

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:

The commencement of any of the following activities or the construction, enlargement, or expansion of any structure used, or intended to be used, for any of the following activities:

Hospitals.

Nursing homes.

Jails or prisons.

The commencement of, or any construction of, a new manufactured home park or manufactured home subdivision or substantial improvement to an existing manufactured home park or manufactured home subdivision.

Existing structures in identified floodplain areas.

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.

Improvements. The following provisions shall apply whenever any improvement is made to an existing structure located within any identified floodplain area:

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).

No expansion or enlargement of an existing structure shall be allowed in excess of 25% of the lowest floor area.

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.

The above activity shall also address the requirements of the 34 Pa. Code, as amended, and the 2009 IBC and the 2009 IRC.

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.

(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]

Variances.

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.

Variance procedures and conditions.

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:

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).

No variance shall be granted for development regulated by prohibited activities (Subsection F) or to development that may endanger human life [Subsection E(4)].

If granted, a variance shall involve only the least modification necessary to provide relief.

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.

Whenever a variance is granted, the Township of Upper Southampton shall notify the applicant in writing that:

The granting of the variance may result in increased premium rates for flood insurance.

Such variances may increase the risks to life and property.

In reviewing any request for a variance, the Township of Upper Southampton shall consider, at a minimum, the following:

That there is good and sufficient cause.

That failure to grant the variance would result in exceptional hardship to the applicant.

That the granting of the variance will neither:

[i]

Result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense; nor

[ii]

Create nuisances, cause fraud on, or victimize the public or conflict with any other applicable state or local ordinances and regulations.

[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.

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.

Definitions.

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.

ACCESSORY USE OR STRUCTURE

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.

BASE FLOOD

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").

BASE FLOOD DISCHARGE

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).

BASE FLOOD ELEVATION (BFE)

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.

BASEMENT

Any area of the building having its floor below ground level on all sides.

BUILDING

A combination of materials to form a permanent structure having walls and a roof. Included shall be all manufactured homes and trailers to be used for human habitation.

CUMULATIVE SUBSTANTIAL DAMAGE

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]

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of manufactured homes; streets, and other paving; utilities; filling, grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION

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.

EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION

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).

FLOOD

A temporary inundation of normally dry land areas.

FLOOD INSURANCE RATE MAP (FIRM)

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.

FLOOD INSURANCE STUDY (FIS)

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.

FLOODPLAIN AREA

A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse and/or any area subject to the unusual and rapid accumulation of surface waters from any source.

FLOODPROOFING

Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

FLOODWAY

The 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.

HIGHEST ADJACENT GRADE

The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

HISTORIC STRUCTURES

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:

By an approved state program as determined by the Secretary of the Interior; or

IDENTIFIED FLOODPLAIN AREA

Directly by the Secretary of the Interior in states without approved programs.

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.

LOWEST FLOOR

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.

MANUFACTURED HOME

A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.

MANUFACTURED HOME PARK OR SUBDIVISION

A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.[5]

NEW CONSTRUCTION

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]

NEW MANUFACTURED HOME PARK OR SUBDIVISION

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.

PERSON

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.

POST-FIRM STRUCTURE

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.

PRE-FIRM STRUCTURE

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.

RECREATIONAL VEHICLE

A vehicle which is:

Built on a single chassis;

Not more than 400 square feet, measured at the largest horizontal projections;

Designed to be self-propelled or permanently towable by a light-duty truck;

REGULATORY FLOOD ELEVATION

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]

SPECIAL FLOOD HAZARD AREA (SFHA)

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.

START OF CONSTRUCTION

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.

STRUCTURE

A walled and roofed building, including a gas or liquid storage tank that is principally above the ground, as well as a manufactured home.

SUBDIVISION

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.

SUBSTANTIAL DAMAGE

Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 25% or more of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT

Any reconstruction, rehabilitation, addition, or other improvement of a structure, 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]

UNIFORM CONSTRUCTION CODE (UCC)

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.

VARIANCE

A grant of relief by a community from the terms of a floodplain management regulation.

VIOLATION

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.

Editor’s Note: The former definition of “minor repair,” which immediately followed this definition, was repealed 1-3-2017 by Ord. No. 445.

Editor’s Note: The former definition of “repetitive loss,” which immediately followed this definition, was repealed 1-3-2017 by Ord. No. 445.

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]

§ 185-20 Natural resource restrictions.

[Amended 4-4-1989 by Ord. No. 265; 6-20-1989 by Ord. No. 268; 1-21-1992 by Ord. No. 294]

General. The following standards of environmental protection shall be met.

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.

Regulations for grading of steep slopes.

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.

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.

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.

The steep slope map appended to this chapter defining the steep slope districts of the Township is hereby adopted and made part of this chapter.[1]

Editor's Note: The steep slope map is on file in the Township offices.

The above regulations do not apply to disturbance of soil for agricultural or food production purposes.

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.

Definitions of natural resources.

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]

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.

Flood hazard area: See § 185-19B(1).

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

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.

Wetlands regulations.

Definitions. As used in this section, the following terms shall have the meanings indicated:

ENCROACHMENT

Any intrusion, alteration, regrading, filling, diversion, or construction that would change or disturb existing natural features.

WETLANDS

Areas of undrained, saturated soils supporting wetland vegetation, where the water table is at or near the surface or where shallow water covers the area due to permanent or seasonal inundation of the surface or construction that would change ground water.

Wetland delineation.

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

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.

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.

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.

Wetlands margin.

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.

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.

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]

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

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]

Trees on wooded lots.

[Added 8-19-2003 by Ord. No. 358]

No land within the tree protection zone shall be altered, regraded, compacted or built upon or used for storage or parking of vehicles.

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.

Editor's Note: See Ch. 160, Subdivision and Land Development.