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Township of Solebury, PA
Bucks County
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[Ord. 94, 6/8/1988; as added by Ord. 111, 11/8/1989, § 706A; as amended by Ord. 153, 5/3/1994, § 1; and by Ord. 181, 5/16/2000, § I.1]
1. 
The RD-C, Residential Development-Conservation District is designed to provide a variety of housing types, flexibility of design, conservation of agricultural lands and open space, and preservation of historic areas. The RD-C District provides densities lower than the RD District and serves as a transitional zone between RD Districts and conventional single-family districts in areas proximate to the Borough of New Hope and accessible from Route 202, the principal highway through the Township.
2. 
Specifically, it is the intent and purpose of this section to create a zoning district which would permit the planning of large land areas in one or more designated sites and in proper locations, so as to:
A. 
Conserve Agricultural Lands and Open Space. Encourage the conservation of existing farm lands and prime agricultural soils especially where such lands have the ability to be preserved in their entirety or as large tracts both on the parcel being developed and on adjacent parcels by the use of conservation easements and deed restrictions.
B. 
Protect Natural Environmental Features. Preserve and protect significant environmental and natural landscape features especially stream valleys and associated floodplains and wetlands, lakes and ponds, significant hedgerows, rare vegetation or habitats of endangered wildlife, viewsheds, and significant scenic routes.
C. 
Preserve Historic Districts. Enhance the opportunity to preserve historic districts from significant development and control any new structures so that historic development patterns are respected and preserved.
D. 
Provide for a Variety of Housing Types. Provide the opportunity for the creation of a wider variety of housing types in the Township, ranging from single-family detached to age-qualified detached dwelling units to single-family attached units (townhouses).
E. 
Promote the Creative Use of large Tracts. Encourage the creative use of large tracts of residential land in excess of 100 contiguous acres which are located on Route 202 so as to promote the establishment of a more desirable living environment than would be possible through their subdivision and in accordance with the conventional standards established elsewhere.
F. 
Permit Flexibility of Design and Development. Permit flexibility of design and development in such a way as to promote superior land planning design, greater economy, efficiency and convenience in the arrangement of land uses and their supporting infrastructure, to preserve open space, and to protect floodplains and other natural features.
G. 
Allow Well Planned Services and Utilities. Encourage orderly and well-planned development of a scale and location that will make it feasible to construct a comprehensive package of supporting utilities, services and facilities, active and passive recreation facilities, a stormwater control and retention system, and other facilities so as to achieve developments which are environmentally, physically, visually and economically superior.
H. 
Allow Safe Traffic Circulation. Encourage orderly development of sites with substantial frontage on federally designated highways so as to provide safe, efficient access and traffic circulation.
I. 
Recognize Master Plan Objectives. Promote a development pattern in harmony with the objectives of the Township's Master Plan.
[Ord. 94, 6/8/1988; as added by Ord. 111, 11/8/1989, § 707A; as amended by Ord. 153, 5/3/1994, § 1; by Ord. 181, 5/16/2000, § I.2; by Ord. 200, 3/18/2003, § IV; by Ord. 2006-3, 2/21/2006, Art. IV; and by Ord. 2014-5, 5/22/2014, Arts. XV, XVI]
1. 
A building may be erected, altered or used, and land may be used or occupied, subject to the provisions of Parts 25, 26 and 31, for any of the following uses and for no other.
A. 
Permitted Principal Uses.
(1) 
Single-family detached dwellings (except in designated conservation area(s)).
(2) 
Single-family semidetached dwellings (except in designated conservation area(s)).
(3) 
Single-family attached dwellings (except in designated conservation area(s)).
(4) 
Age-qualified detached dwellings (except in the designated conservation area(s).
(5) 
Forestry/timber harvesting uses.
(6) 
Wireless telecommunications facilities (possibly permitted by right or as a conditional use pursuant to the conditions and requirements contained in § 27-2611).
B. 
Permitted Accessory Uses. Except as provided in § 27-902, Subsection 1C(1), the following shall apply:
(1) 
Accessory uses on the same lot and customarily incidental to the principal residential uses permitted above.
(2) 
Parking space in accordance with Part 23, § 27-2301.
(3) 
Signs in accordance with Part 24.
(4) 
Decks provided that they are not in front yards, within five feet of a lot line or in a designated conservation area.
(5) 
No-impact home-based business.
(6) 
Individual backyard composting facility.
[Added by Ord. 2018-004, 3/6/2018]
C. 
Conditional Uses. (Refer to Part 29 for standards and criteria).
(1) 
Home occupation; home professional office which are accessory.
(2) 
Open space for recreational and conservation purposes, subject to Part 28.
(3) 
Wireless telecommunications facilities (possibly permitted by right or as a conditional use pursuant to the conditions and requirements contained in § 27-2611).
[Ord. 94, 6/8/1988; as added by Ord. 111, 11/8/1989, § 708A; as amended by Ord. 153, 5/3/1994, § 1]
1. 
The maximum density of development, including both the conservation and development districts, shall not exceed an average of 0.33 units per acre, provided, however, that the developer shall be entitled to a density bonus when a contiguous residentially zoned lot or group of lots which taken together are contiguous with the proposed development which lot is or lots are currently maintained as open space, i.e., each lot contains less than one dwelling unit per 10 acres, shall be permanently designed with a restriction against further subdivision and development so that the lot(s) remains as open space by conservation easements and/or deed restrictions in a form acceptable to the Township. The bonus shall be calculated as follows:
Area of Land Permanently Restricted As Open Space as a Percentage of the Lot(s) Being Developed
Density Bonus
0-49.9%
0%
50-59.9%
20%
60-69.9%
25%
70-85.9%
30%
86-100.0%
40%
2. 
Within an RD-C District, a site shall be divided into development area(s) and conservation area(s).
3. 
Development areas shall comprise those lands to be served by public or community utility systems. Road access to the designated development area(s) shall only be from the principal highway through the Township, U.S. Route 202. The gross density of any development area shall not exceed two units per acre.
4. 
Conservation areas shall comprise areas where agricultural lands, historic districts and sensitive environments are to be preserved through deed restriction, covenants, easement or other methods acceptable to the Township. The maximum density of any conservation area shall not exceed 0.025 units per acre.
5. 
The designated development area (excluding required buffer strips) of any RD-C site shall not comprise more than 25% of the total site area. Development areas shall not include any historic district as designated under any local, state or federal statute.
[Ord. 94, 6/8/1988; as added by Ord. 111, 11/8/1989, § 709A; as amended by Ord. 138, 5/26/1992, § 39; by Ord. 153, 5/3/1994, § 1; by Ord. 181, 5/16/2000, § I.6, .7; and by Ord. 2011-4, 5/3/2011, Art. IX]
1. 
Except as specified in Part 26 relative to setbacks, the following shall apply:
A. 
Minimum Site Size. The minimum site size needed for an RD-C zone to apply shall be 100 acres.
B. 
Minimum Lot Sizes. Minimum lot sizes within an RD-C site shall vary depending on location (within a designated development area or a designated conservation area) and depending upon utility services.
(1) 
Single-Family Detached Dwellings.
(a) 
Within a conservation area, each lot shall be a minimum of 20 acres.
(b) 
Within a development area, each lot shall be a minimum of 1/4 acre.
(2) 
Single-Family Semidetached and Attached Dwellings.
(a) 
Within a conservation area, such dwellings are prohibited.
(b) 
Within a development area, such dwellings shall require lots of at least 2,000 square feet per unit. No more than 12 dwelling units shall be shared by a common driveway.
(3) 
Age-Qualified Detached Dwelling Units.
(a) 
Within conservation area, such dwellings are prohibited.
(b) 
Within a development area, such dwellings shall require each lot to be a minimum of 7,000 square feet. Utility easements for lot yard drains, underground electric, gas, telephone and cable TV may be included as part of the lot area.
C. 
Area and Bulk Requirements.
(1) 
Single-family detached dwelling units with on-lot sewage disposal and water supply systems shall meet the requirements of the RD Zoning District.
(2) 
Single-family detached dwelling units with community or public sewerage and water supply systems shall meet the following standards:
(a) 
Minimum lot width at building line: 75 feet.
(b) 
Minimum lot width at street line: 35 feet.
(c) 
Maximum impervious surface coverage: 35%.
(d) 
Maximum building coverage: 15% or 2,000 square feet (whichever is greater).
(e) 
Minimum depth of front yard: 25 feet.
(f) 
Minimum depth of rear yard: 35 feet.
(g) 
Minimum side yard (individual): eight feet.
(h) 
Minimum side yard (aggregate): 20 feet.
(3) 
Single-family attached or semidetached dwelling units shall meet the following standards:
(a) 
Maximum impervious surface coverage: 60%.
(b) 
Maximum building coverage: 45% or 1,500 square feet (whichever is greater).
(c) 
Minimum depth of front yard: 10 feet.
(d) 
Minimum depth of rear yard: 20 feet.
(e) 
The length of any row of dwellings shall not exceed six dwelling units in any direction.
(f) 
No principal building shall be closer than 35 feet from any other principal building.
(g) 
No building shall be closer than 35 feet from the street line.
(h) 
No building shall be closer than 10 feet from a driveway that serves as a cul-de-sac.
(4) 
The maximum impervious surface coverage for the development area shall not exceed 40%.
(5) 
Age-qualified detached dwelling units shall meet the following standards:
(a) 
Minimum lot width at building line: 65 feet.
(b) 
Minimum lot width at street line: 35 feet.
(c) 
Maximum lot impervious surface coverage: 60%.
(d) 
Maximum lot building coverage: 45%.
(e) 
Minimum lot depth of front yard: 25 feet.
(f) 
Minimum lot depth of rear yard: 20 feet.
(g) 
Minimum lot side yard (individual): eight feet.
(h) 
Minimum lot side yard (aggregate): 20 feet.
D. 
Height Regulations. The maximum height of dwellings and other structures erected, enlarged, altered or used shall be 35 feet, except as provided in Part 25, § 27-2505.
E. 
Frontage. Any RD-C site shall have a minimum of 500 feet of road frontage along the designated development area Route 202.
F. 
Setback Area.
(1) 
No building shall be less than 100 feet from any RD-C District boundary line which abuts an RA, RB, and VR District, and 50 feet from the perimeter property line of any tract within the RD District; and no accessory structure shall be less than 25 feet from such line, except for signs and those structures associated with ingress and egress, lighting standards, benches, and the like.
(2) 
In designated development areas, new homes shall not be located closer than 400 feet from any primary residence in the RA or RB Districts existing and occupied as of the effective date of this amendment.
(3) 
The setback area shall be landscaped or left in its natural state. Where an existing hedgerow remains, evergreen species shall be incorporated into the hedgerow in a pattern that will preserve mature trees and ensure a continuous healthy and evergreen planting upon maturity.
(4) 
Rapid growing spruces and pines will be planted as major trees and early successional species such as red cedar will be used as infill plantings. Native deciduous species will be introduced at regular intervals to provide seasonal interest and wildlife habitat.
(5) 
Setback areas shall not be utilized for active recreational facilities.
G. 
Open Space. At least 40% of the gross land area of an RD-C site shall be left in permanent open space status (subject to the provisions of Part 28). Water bodies, wetlands, floodplains and slopes over 25% shall be preserved and may be counted as part of the total open space requirement up to a maximum of 50% of the total open space requirement.
H. 
Recreation. Recreation facilities must be provided in accordance with the Park and Recreation Ordinance [Chapter 16], § 22-523 of the Township Subdivision and Land Development Ordinance [Chapter 22]. Such recreation lands may be counted as part of the open space requirement, described in Subsection 1G, above.
[Ord. 94, 6/8/1988; as added by Ord. 111, 11/8/1989, § 710A; and amended by Ord. 153, 5/3/1994, § 1; by Ord. 181, 5/16/2000, § I.8, .9, .10; and by Ord. 2011-4, 5/3/2011, Art. X]
1. 
The designated conservation area(s) of an RD-C zone (which allow single-family detached dwellings) shall meet the requirements of the Township Subdivision and Land Development Ordinance [Chapter 22]. The designated development area(s) of the RD-C zone (which allow attached, semidetached and detached single-family dwellings) shall meet the following specific design criteria.
2. 
The Township Subdivision and Land Development Ordinance [Chapter 22] shall remain in full force and effect in the development area unless there is a specific conflict with this section in which event this section shall control.
A. 
Utilities.
(1) 
All utility lines shall be installed underground and easements shall be provided for utilities with the following minimum widths:
(a) 
Sanitary sewer main or stormwater main (minimum diameter of 36 inches or greater): 30 feet.
(b) 
Storm sewer (eighteen to thirty-inch diameter) or water main: 20 feet.
(c) 
Combined utilities: 30 feet.
(d) 
Telephone, electric, gas, cable TV, and lot yard drain systems (less than eighteen-inch and other similar utilities: 10 feet.
(2) 
Sewerage and water supply shall be by a public sewerage supply system and a public or community water supply system as approved by the Township. All TV hook-ups shall either be by cable television or a central antenna system or individual direct broadcast satellite services with dishes not to exceed three feet in diameter, designed to minimize adverse aesthetic impact.
B. 
Refuse. Refuse stations to serve residential and recreational areas shall be designated with suitable opaque fencing with a minimum height of six feet, located so as to be convenient for trash removal and not offensive to nearby residential areas.
C. 
Streets and Pathways.
(1) 
The street system shall be designed so as to relate harmoniously with land uses within and adjacent to the development. A hierarchy of roadway functions shall be established. This hierarchy shall include internal collector and local streets to create a separation of automobile and pedestrian traffic. The design of streets, dwelling units, open space areas and pedestrian walkways shall be coordinated in order to create efficient and safe connections with the existing road system of the municipality, to ensure proper ingress and egress, and to minimize through traffic in residential areas.
(2) 
Internal collector streets and local streets shall be so designated and shall have a minimum right-of-way of 50 feet and minimum cartway widths of 28 and 22 feet respectively.
(3) 
Each lot shall be served by a driveway. However, a driveway may be shared by no more than three lots of detached dwellings, four lots or semidetached dwellings, 12 lots of attached dwellings, or 12 lots of a mixture of attached and semidetached dwellings.
Driveways serving individual groupings or clusters of not less than five and not more than 12 dwellings shall have a minimum cartway width of 22 feet, shall not be in excess of 400 feet in length, and shall have a paved area with an outside turning radius of 48 feet at the terminus.
(4) 
Loop streets shall have an interval of at least 300 feet between intersections.
(5) 
In order to separate automobile and pedestrian circulation and to increase accessibility to common open space areas, pedestrian walkways and pathways may be provided throughout the property in lieu of sidewalks within the roadway right-of-way.
(6) 
The construction of streets must conform to the standards set forth in the Township Subdivision and Land Development Ordinance [Chapter 22] relative to paving specifications, cartway design, horizontal and vertical alignment, and sight distances.
(7) 
Private Street Standards.
(a) 
Cul-de-sac street may not exceed a distance of 800 feet as measured from the right-of-way line of the intersecting through street to the center of the turnaround.
(b) 
Stub streets less than 300 feet in length, as measured from the right-of-way of the intersecting through street to the terminus of the road shall be permitted, provided the total number of lots fronting the stub street shall not exceed eight.
(c) 
Stub streets in excess of 300 feet which provide access to adjacent parcels shall be permitted, provided a temporary cul-de-sac with a minimum width of 50 feet and minimum length of 75 feet is constructed.
D. 
Parking.
(1) 
Provisions of Part 23 shall apply except that:
(a) 
Required off-street parking spaces shall be on the same lot or within 100 feet of the principal use served.
(b) 
Private garage space for a dwelling shall not be counted for the purpose of determining compliance with this part.
No common parking area shall be closer than 10 feet from any building and five feet from any property line or right-of-way line. All parking areas shall be screened and landscaped in accordance with Part 26, § 2609 and § 22-520, Landscape Conservation and Improvement Plans of the Subdivision Ordinance [Chapter 22].
(2) 
The number of off-street parking spaces required for visitor parking shall be an additional one space per 10 dwellings units. The spaces shall be conveniently located with regard to serving each group of buildings.
(3) 
Off-street parking spaces shall not be less than 9 1/2 feet in width and 19 feet in depth. However, 2% of the spaces shall not be less than 12 1/2 feet in width and 19 feet in depth and shall be reserved for the handicapped and so marked with an appropriate symbol.
(4) 
Where parking spaces are grouped in lots, aisles at least 22 feet in width shall be provided.
(5) 
No more than 20 parking spaces shall be accommodated in any single parking area.
(6) 
A partial space shall require a full parking space to be provided.
(7) 
Parking spaces shall be a least nine feet by 18 feet in size.
E. 
Individual Dwelling Driveway Criteria.
(1) 
Driveways shall be set a minimum of 35 feet from a street intersection (as measured from the gutter line of the intersecting street).
(2) 
On-lot driveway turnaround shall not be required.
(3) 
The maximum slope for any portion of the driveway shall not exceed an 8% grade.
[Ord. 94, 6/8/1988; as added by Ord. 111, 11/8/1989, § 711A; as amended by Ord. 153, 5/3/1994, § 1; by Ord. 181, 5/16/2000, § I.11; and by Ord. 2011-4, 5/3/2011, Arts. XI–XIII]
The designated conservation area(s) of an RD-C zone (which allow detached single-family dwellings) shall meet the requirements of the Township Subdivision and Land Development Ordinance [Chapter 22]. The designated development area(s) of an RD-C zone (which allow attached, semidetached and detached single-family dwellings) shall meet the following specific environmental controls.
The Township Subdivision and Land Development Ordinance [Chapter 22] shall remain in full force and effect in the development area unless there is a specific conflict with this section in which event this section shall control.
A. 
Stormwater Control. Stormwater management shall be consistent with the Township Stormwater Management Ordinance, Ord. 2011-6, adopted on May 19, 2011, as amended [Chapter 23].
B. 
Soil Erosions and Sedimentation Control. Soil erosion and sedimentation control measures shall be consistent with the Township Soil Erosion and Sedimentation and Grading Ordinance, Ord. 2009-4, adopted on January 20,2009, as amended [Chapter 9].
C. 
Location of structures, drainage channels and french drains within, or within 200 feet of areas as identified as having carbonate limestone geology in Conservation and Management Practices for Buckingham and Durham Carbonate Valleys, February, 1985.
Except as provided herein below, no structures of any kind, roads or driveways shall be constructed within 100 feet of:
(1) 
Sinkholes.
(2) 
Closed depressions.
(3) 
Lineaments.
(4) 
Fracture traces.
(5) 
Caverns.
(6) 
Ghost lakes.
(7) 
Disappearing streams.
(8) 
Surface or subsurface pinnacles.
(9) 
Fissures.
(10) 
Faults.
All drainage on the site shall be channeled away from them. French drains are prohibited within 100 feet of these features.
Structures may be located closer than 100 feet from the above specified carbonate geology features, or any of them, provided that:
(1)
A qualified professional geologist, selected by the developer, certifies that the specific carbonate geology feature or features in question are inactive or present minimal risk to the safety of such structure(s), and that the findings of the said qualified professional geologist are also certified by an expert chosen by the Township.
(2)
Said structure(s) shall be constructed to conform to the then current standards of the American National Standards Institute (ANSI), Building Officials and Code Administrators International, Inc., (BOCA), and the American Association of State Highway and Transportation Officers (AASHTO).
Roads and/or driveways, excluding bridges and culverts, may be constructed to cross carbonate geology features provided that:
(a)
There is access to the site other than such roads and/or driveways.
(b)
Flexible couplings are used for utilities, storm drains and similar facilities.
(c)
Construction conforms to then current engineering standards for safe construction considering the type and conditions of carbonate geology feature being crossed.
D. 
Tree Conservation and Landscaping. Tree conservation and landscaping shall be in accordance with § 22-520, Landscape Conservation and Improvement Plans of the Subdivision Ordinance [Chapter 22].
E. 
Other Environmental Controls. In addition to the controls presented in the above subsections herein, all development shall be governed by the environmental controls set forth in Part 25, § 27-2512, pertaining to such matters as noise, vibration, storage, glare and heat, fire and explosion, and traffic control.
F. 
Environmental Impact Assessment Report (EIAR).
(1) 
The EIAR shall be prepared in accordance with Part 25, § 27-2510, except that the EIAR shall be submitted as part of the preliminary land development or subdivision plan submission. An updated EIAR shall cover the designated development area of the RD-C parcel and need not cover the conservation area where individual lots are greater than 20 acres each.
(2) 
The vegetation map (woodland and tree inventory plan) prepared as part of the EIAR shall define the locations and boundaries of the woodland and forest areas of the development area(s). The vegetation map shall note the type of vegetative associations which exist. Within the area of disturbance, the numbers of existing trees 12 inches or greater in caliper shall be estimated. The area of disturbance shall include areas which have been regraded, cleared or otherwise disturbed, including the area within the drip line of all impacted trees.
[Ord. 94, 6/8/1988; as added by Ord. 111, 11/8/1989, § 712A; and amended by Ord. 153, 5/3/1994, § 1]
1. 
General. Open space areas may include woodland and forest areas, surface water resources, wetland areas, floodplains, agricultural lands, steep slopes, very steep slopes, and other areas having scenic, ecological, historic, environmental and/or recreational characteristics in accordance with Part 28.
2. 
Preservation of Open space in Conservation Areas. The permanent preservation of open space in designated conservation areas shall be accomplished by the filing of appropriate covenants, deed restrictions, easements, or other agreements, unless all or part of such areas are to be transferred to a conservation organization which is dedicated to the permanent preservation of open space. Such an organization must be acceptable to the Township Supervisors.
3. 
Preservation of Open Space in Development Areas. The permanent preservation of open space in designated development areas shall be in accordance with Part 28.
[Ord. 94, 6/8/1988; as added by Ord. 111, 11/8/1989, § 713A; and amended by Ord. 153, 5/3/1994, § 1]
To the extent that the controls listed in this part conflict with the standards and controls outlined elsewhere in this chapter and in the Subdivision and Land Development Ordinance [Chapter 22] then the provisions of this section shall take precedence.