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i

Zoning Ordinance

of the

Township of Tinicum, Pennsylvania

I

April 13, 1982

Reprinted May 6, 1986

AMENDED:

Ordinance No. 58, February 2, 1988

Ordinance No. 62, August 16, 1988

Ordinance No. 67, April 18, 1989

Ordinance No. 68, September 5, 1989

Ordinance No. 70, November 21, 1989 7

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TABLE OF CONTENTS

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ARTICLE I

Section 100 Section 101 Section 102 Section 103 Section 104

ARTICLE II

Section 200 Section 201 Section 202 Section 203 Section 204 Section 204A Section 205 Section 206 Section 207 Section 208 Section 209 Section 209A Section 210 Section 210A Section 211 Section 21 1 A Section 212 Section 213 Section 214 Section 215 Section 216 Section 217 Section 217A Section 218 Section 219 Section 220 Section 221 Section 221A Section 222 Section 223 Section 224 Section 225 Section 226 Section 226A Section 2268 Section 226C Section 227 Section 228 Section 229 Section 230 Section 230A Section 2308

TITLE, PURPOSE AND JURISDICTION

Tale 1 short Title 1 Purpose and Community Development Objectives - 1

* 2 - - - . -. . - . Interpretation Separability -- - -- -

DEFINITIONS ' Article 11 DEFINITIONS

General &o Section 206A Building Area Accessory Section 206B Building Coverage Alterations Section 21 1 B Development Area Section 222A Lot Area Basement Board Boarder, Roomer or Lodger Building Building Height Building Setback Line Cellar Conditional Use Condominium Decision Density Determination Dwelling Employee Family Floodplain Floodplain Soils Forest Hearing Home Occupation Impervious Surface Impervious Surface Ratio Lakes and Ponds Land Development Lot Lot Lines Mobile Home Mobile Home Lot Mobile Home Pad Mobile Home Park Nonconforming Lot Nonconforming Use Open Space Open Space Ratio Palisades Principal Public Hearing Public Meeting -

Section 230C Public Notice

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5

5 5 5 5 5 5 6 6 6 6 6 6 6 7 7 7 7 7 7 8 8 8 8 8 8 8 9 9 9

10 10 10 10 10 10 10 10 11 11 11 1 1 11 11

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Section 231 Section 231A Section 232 Section 233 Section 234 Section 235 Section 236 Section 237 Section 237A Section 238 Section 239 Section 240 Section 241 Section 242 Section 243 Section 243A Section 2438 Section 243C Section 244 Section 245 Section 245A Section 246 Section 247

ARTICLE 111

Section 300 Section 301 Section 302 Section 303

ARTICLE IV

Section 400

Real Property Boundary Report Right-of-way Sewer Sign Site Area Site Area, Base Site Area, Net Buildable Special Exception Steep Slopes story Story, Ground Street Street Line Structure Subdivision Township Engineer Transferable Development - Rights (TDR) Use Water Supply, Public Article II DEFINITIONS Water Suwey Wetlands Yard

-- - ~

'loo Section 2458 Watentvay u+k

ESTABLISHMENT OF DISTRICTS

Establishment of Districts Classes of Districts Zoning Districts Map Interpretation of District Boundaries

RESIDENTIAL DISTRICTS

RC - Residential Conservation District

Section 400.1 General Requirements Section 400.2 Use Regulations Section 400.3 Area Regulations

Section 401 RA - Residential Agricutture


CR - Country Residential


Section 402

Section 403 VR - Village Residential


eaae 1 1 1 1 12 12 12 12 12 12 13 13 13 13 13 13 13 13 13 14 14 14 14 14 14

15 15 16 16

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17 17 18

18

18 18 19

19

19 19 20

21

21 21 22

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A

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e Section 404 VC - Village Center District


ARTICLE V COMMERCIAL DISTRICTS

Section 500 CC - Controlled Commercial District


Section 501 C - Commercial District


Section 502 LC - Limited Commercial District


ARTICLE VI PLANNED INDUSTRIAL AND EXTRACTION DISTRICTS

Section 600 PI - Planned Industrial District .


Section 601 E - Extraction District


ARTICLE VI1 USE REGULATIONS

Section 700 Applicability of Regulations Section 701 Section 702 Section 703 Temporary Accessory Uses Section 703A Demolition Section 704 Section 705 Use Regulations

A. Agricultural Uses B. Residential Uses C. Institutional and Recreational Uses D. Office Uses E. Retail and Consumer Service Uses F. Utility, Service and Transportation Uses

Uses by Right, Special Exceptions, and Uses not Permitted Uses Subject to Other Regulations

Table of Use Regulations

22

22 22 24

25

25 25 26

26

26 26 27

27

27 28 28

29

29 29 29

30

30 30 30

31 31 31 31 32 33 38

38 40 54 60 60 73

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G Industrial Uses H. Accessory Uses

ARTICLE Vlll ENVIRONMENTAL PERFORMANCE STANDARDS

Section 800 General Section 801 Site Capacity Calculation Section 802 Natural Resource Restrictions

Section 802.01 General Section 802.02 Section 802.03

Requirements for All Uses Definitions of Natural Resources

Section 803 Environmental Restrictions

Section 803.01 Section 803.02 Section 803.03 Section 803.04 Section 803.05 Section 803.06 Section 803.07 Section 803.08

Noise Smoke Dust, Fumes, Vapors and Gases Heat Odor Glare Vibrations Storage and Waste Disposal

Section 804 Flood Plain Standards

Section 804 Section 804.01 Section 804.02 Section 804.03 Section 804.04 Section 804.05 Section 804.06 Section 804.07 Section 804.08 Section 804.09 Section 804.1 0 Section 804.1 1 Section 804.1 2

Section 804.1 3 Section 804.1 4 Section 804.15 Section 804.1 6

Section 804.1 7 Section 804.18 Section 804.1 9 Section 804.20 Section 804.21 Section 804.22 Section 804.23 Section 804.24 Section 804.25 Section 804.26

Definitions Purpose Applicability Compliance Warning and Disclaimer of Liability Establishment of Floodplain Zoning Districts Zoning Map District Boundary Changes Interpretation of District Boundaries Floodplain Zoning District Provisions Floodway District Flood Fringe District Special Provisions for Certain Kinds of

Development Within Floodplain Districts Activities Prohibited Within the Floodplain Special Requirements for Manufactured Homes Existing Structures in Floodplain District Special Exceptions and Variances - Additional

Factors to be Considered Variances Within Floodplain Districts Basements and Lowest Floors Fill Placement of Buildings and Structures Anchoring Storage Utility and Facility Requirements Drainage The Zoning Permit and Plans The Number of Copies of the Application and

Accompanying Plans Required

eacle 75 e2

89 89 91

91 92 92

94

94 95 95 95 95 95 95 96

96

96 98 98 99 99 99

100 100 100 100 101 102

102 103 103 104

104 105 106 106 107 107 107 107 108 108

109

- - ---____-- -- .. Article Vlll ENVIRONMENTAL PERFORMANCE STANDARDS

3\00 Section 805 Steep Slope Conservation District Standards , q&c Section 806

Section 807 Other Overlay District Standards Environmental Impact Assessment Report

Section 804.27 Section 804.28 The Review Period Section 804.29 Fees Required

Approval of Permits and Plans

ARTICLE IX DESIGN REGULATIONS

Section 900 Dimensional Requirements

Section 900.01 Section 900.02 Section 900.03 Section 900.04 Section 900.05 Section 900.06 Section 900.07 Section 900.08 Section 900.09 Section 900.10 Section 900.1 1 Section 900.1 2 Section 900.13 Section 900.14 Section 900.15 Section 900.1 6 Section 900.1 7 Section 900.18 Section 900.1 9 Section 900.20 Section 900.21 Section 900.22 Section 900.23

Section 900.24

Lot Area or Yard Required Minimum Lot Size Exceptions to Minimum Lot Sizes Minimum Lot Width Visibility at Intersections Front Yard Requirements Requirements for Front Yards Along-Thoroughfares Corner Lots Through Lots Exceptions for Existing Alignment Projections into Front Yards Fences and Terraces in Front Yards Accessory Buildings in Front Yards Access to Interiorlots Side Yard Requirements Projections,into Side Yards Fences and Terraces in Side Yards Accessory Buildings in Side Yards Rear Yard Requirements Projections into Rear Yards Accessory Buildings in Rear Yards Height Spacing of Non-Residential Buildings on

Setbacks Along Named Creeks the Same Lot

Section 901 Parking Performance Standards

Section 901.01

Section 901.02 Parking Design Requirements Section 901.03 Section 901.04

Section 901.05

General Requirements Applying to Required

Parking Access and Traffic Control Discretionary Change in Surfacing Requirements for Occasional Use Walkways and Parking Driveway and Parking Area Construction

Off-street Parking

Section 902 Off-street Loading Requirements

Section 903 Open Space in Residential Developments

Section 903.01 General Open Space Section 903.02 Section 903.03 Open Space Designation Section 903.04 Section 903.05

Layout of Open Space

Open Space Performance Bond Ownership and Preservation of Open Space

Section 904 Buffer Yards

110 110 110

111

111 111 111 111 112 112 113 113 113 113 114 114 114 114 114 114 114 114 114 115 115 115

115 115

115

115 116 118

118 119

119

120

120 120 120 121 121

122

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ARTICLE X

Section 1000 Section 1001 Section 1002


ARTICLE XI

Section 1100 Section 1101 Section 11 02 Section 11 03 Section 1104 Section 1105 Section 1106 Section 1107

ARTICLE XI1

Section 1200 Section 1201 Section 1202 Section 1203

ARTICLE Xlll

Section 1300 Section 1301 Section 1302 Section 1303 Section 1304 Section 1305 Section 1306 Section 1307

ARTICLE XIV

Section 1400 Section 1401

SIGNS

Definitions Signs in Residential Districts RA, RC, VR, CR, VC Signs in Commercial (CC, C, LC) and Industrial

Districts (PI, E) General Restrictions Non-Conforming Signs Permit Requirements for Signs

NON-CON FORM IT1 ES

Definitions Registration of Non-Conforming Uses and Structures Continuat ion Extension of Non-Conforming Uses and Structures Restoration Ownership Abandonment Changes

CONDITIONAL USES

Applicability General Conditions Application Requirements Review Procedures

ADMINISTRATION

Zoning Officer - Duties and Powers Duties of the Municipal Planning Commission Zoning Permits Required Application Requirements for Zoning Permits Fees Life of a Permit Certificate of Occupancy Conditional uses

ZONING HEARING BOARD

Establishment of Board Membership, Terms of Office

Section 1401A Attemate Members Section 1402 Removal of Members Section 1403 Procedure Section 1404 Powers and Duties -/Interpretation Section 1405 Powers and Duties ?Variances Section 1406 Powers and Duties - Special Exceptions Section 1407 Powers and Duties - Challenge to the Validity

Section 1408 Powers and Duties - Unified Appeals of Ordinance or Map

125 125

126 127 127 127

129 129 129 129 130 130 130 130

131 131 131 132

135 136 136 136 137 137 137 138

139 139 139 139 139 140 140 141

142 142

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ARTICLE XV


Section 1503

Section 1504

Section 1505

Section 1506 Section 1507 Section 1508 Section 1509 Section 1510

ARTICLE XVI


ARTICLE XVll


APPEALS AND AMENDMENTS

Appeals and Jurisdiction Validity of Ordinance; Procedural Questions Validity of Ordinance; Substantive Questions;

Landowner Appeals Validity of Ordinance; Substantive Questions;

Appeals by Persons Aggrieved Applications, Decisions and Orders Not Involving

the Validity of an Ordinance; Landowner Appeals Decisions and Orders Not Involving the Validity

of an Ordinance; Appeals by Persons Aggrieved Power of Amendment Who May Initiate Impact Studies Notice of Hearings Periodic Review

ENFORCEMENT

Jurisdiction Remedies Fines and Penalties

REPEALER AND EFFECTIVE DATE

Repealer Effective Date Enactment

eaor:

143 143

143

144

144

145 145 145 145 149 150

151 151 151

153 153 153

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BE IT ORDAINED AND ENACTED by the Board of Supervisors of Tinicum Township, Bucks County, Pennsylvania, pursuant to the "Pennsylvania Municipalities Planning Code," as follows:

ARTICLE I

Section 100 litla TITLE, PURPOSE, AND JURISDICTION

An Ordinance regulating the location, height, bulk, erection, construction, alteration, razing, removal and size of structures: the percentage of lot which may be occupied; the size of yards, courts and other open spaces; the density and distribution of population: the intensity of use of land or bodies of water for trade, industry, residence, recreation, public activities or other purposes, and the uses of land for agriculture, water supply, conservation, or other purposes, in all portions of Tinicum Township.

Section 101

This Ordinance shall be known as and may be cited as the Tinicum Township Zoning Ordinance of "1982." pS APrU(\Q (3fk)

Section 102 2 1 . .

The purpose of this Ordinance is the implementation of the Tinicum Township Comprehensive Plan and the promotion of health, safety, morals, convenience, order and welfare of present and future inhabitants of Tinicum Township by:

The protection and preservation of the township's agricultural industry and the prime agricultural soils essential to the conduct of this industry.

Providing standards to control the amount of open space and impervious surfaces within a development; to control the intensity of development in areas of sensitive natural resources or natural features in order to reduce or eliminate adverse environmental impacts.

Providing methods to implement Article I, Section 27 of the Constitution of the Commonwealth of Pennsylvania, which decrees that the people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic, and aesthetic values of the environment and to.proteot natural resources which area part 01 the ecological system to which we are all bound, and therefore are the common property of all the people, including generations yet to come, and must be protected to insure the health, safety and welfare of all the people.

Providing standards for all types of dwelling units so that all the people may have access to decent, sound, and sanitary housing; to meet the goals of the Federal Housing Act , to provide adequate zoning to meet a fair share of the region's housxd&..,@ loa) Giving effect to policies and proposals of the Tinicum Township Comprehensive

of Tinicum Township.

the township, concentrating development in areas where adequate sewage facilities, roads and schools are feasible, and limiting development in areas where these facilities are not practical.

Lessening danger and congestion of traffic on the roads and highways and reducing excessive numbers of roads.

Securing safety from fire, panic, flood, and other dangers.

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Providing adequate light and air.

Protecting the tax base.

Securing economy in local government expenditures.

To provide for the use of land within the municipality for residential housing of various dwelling types encompassing all basic forms of housing, including single- family and two-family dwellings, and a reasonable range of multi-family dwellings in various arrangements, mobile homes and mobile home parks.

To accommodate reasonable overall community growth, including population and employment growth, and opportunities for development of a variety of residential dwelling types and nonresidential uses. The ordinance promotes inclusionary, rather than exclusionary zoning provisions arranged and located to be consistent with the other objectives.

A safe, reliable and adequate water supply for domestic, commercial, agricultural or industrial use shall be provided, as well as preservation of the natural, scenic and historic values in the environment and preservation of forests, wetlands, aquifers, and floodplains. '

In interpreting and applying the provisions of this Ordinance, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience, and general welfare.

(a) Whenever any regulations made under authority of this Ordinance require a greater width or site of yards, courts or other open spaces, or require a lower height of buildings or smaller number of stones, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required in or under any other statute, the provisions of the regulations made under authority of this Ordinance shall govern.

Whenever the provisions of any other statute require a greater width or size of yards, courts or other open spaces, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required by any regulations made under authority of this Ordinance, the provisions of such statute shall govern.

This Ordinance does not repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically or impliedly repealed by this Ordinance, or any private restrictions placed upon property by covenant, deed or other private agreement unless repugnant thereto.

(b)

(c)

. . . (d) Those provisions in the Tinicum Township and lar\d Dev- Z>rdinance concerned with varying design standards shall not be considered to be in conflict with the provisions of this Ordinance.

Section 104 ..

It is hereby declared to be the intent of the Board of Supervisors that:

(a) If a court of competent jurisdiction declares any provisions of this Ordinance to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid or

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3100 ARTICLE I TITLE, PURPOSE, AND JURISDICTION e Section 102 Pumose and Community Development Obiectives

(0) ’ Providing standards in accordance with Section 605 of the Pe Municipalities Planning Code, relative to various Overlay Districts.

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(p) Providing an option in order to protect and enhance Villages and Hamlets, in accordance with the Comprehensive Plan.

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ineffective, and all other provisions of this Ordinance shall continue to be separately and fully effective.

(b) If a court of competent jurisdiction finds the application of any provision or provisions of this Ordinance to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to the person, property, or situation immediately involved in the controversy, and the application of any such provision to other persons, property, or situations shall not be affected.

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ARTICLE II

Section 200

(a)

Section 201

(a)

(b)

Section 202

DEFINITIONS

General

Unless a contrary intention clearly appears, the following words and phrases shall have for the purpose of this Ordinance the meanings given in the following clauses.

For the purpose of this Ordinance words and terms used herein shall be interpreted as follows:

Words used in the present tense include the future. The singular includes the plural. The word "person" includes a corporation, partnership, and association as well as the individual. The word "lot" includes the word "plot" or "parcel." The term "shall" is mandatory. The word "used" or "occupied" as applied to any land or buildings shall be construed to include the words "intended," "arranged," or "designed to be occupied." The word "Commission" and the words "Planning Commission" always mean the Tinicum Township Planning Commission. The word "Supervisors" or the words "Township Supervisors" always mean the Tinicum Township Supervisors. The word "Board" or the words "Zoning Hearing Board" always mean the Tinicum Township Zoning Hearing Board.

Any word or term not defined herein shall be used with a meaning of standard usage.

Accessory Building: (See Section 206).

Accessory Use: (See Section 244).

As applied to a building or structure, a change or rearrangement in the structural parts, or an enlargement or diminution, whether by extending on a side or by increasing in height, or the moving from one location or position to another.

Section 203

Section 204 Basement

&a (See Section 222)

A story underground or partly underground and having one-half (1/2) or more of its height (measured from floor to ceiling) above the average level of the ground, or having the floor at the level of the ground, or having the floor at the level of an exterior grade on one or more sides. A basement shall be counted as a story for the purpose of height measurement or determining square footage if used for business or dwelling purposes.

Section 204A Board

adjudications. Any body granted jurisdiction under this ordinance or under Act 170 to render final

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Section 205 &atWmJlw e A person, except family, 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 prearrangement for a week or more at a time to an owner or operator. Any person occupying such mom or rooms and paying such compensation without prearrangement for less than a week at a time shall be classified for purposes of this Ordinance not as a roomer, boarder or lodger but as a guest of a commercial lodging establishment (motel, hotel, tourist home).

Section 206

(a)

(b)

A structure having a roof which is used for the shelter or enclosure of persons, animals, or property. The word "building" shall include any part thereof.

Building, Accessory: A subordinate building located on the same lot as a principal building and clearly incidental and subordinate to the principal building. Any portion of a principal building devoted or intended to be devoted to an accessory use is not an accessory building.

Building, Principal: A building in which is conducted, or is intended to be conducted, the principal use of the lot on which it is located.

(c)

. . Section 207

A vertical distance measured from the elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck lines of mansard roofs, and to the mean height between eaves and ridge for gable, hip, and gambrel roofs.

Section 208 . .

The rear line of the minimum front yards, as herein designated for each district, measured from the future right-of-way.

Section 209 a A story underground or partly underground and having more than one-half (112) of its

height (measured from floor to ceiling) below the average level of the adjoining ground on all four sides. A cellar shall not be considered in determining the permissible number of stories or square footage, nor shall it be used for off ice or dwelling purposes. A cellar may be used for storage.

Section 209A ..

A use permitted in a particular zoning district pursuant to the provisions of Section 1200 of the Zoning Ordinance.

Section 210 Candominium

A condominium is an ownership arrangement, not a land use. Therefore, it is allowed in

A condominium is a unit wilh all of the following characteristics:

any district and under the same restrictions as the land use that comprises it.

(a)

(b)

The unit (the interior and associated exterior areas designated for private use in the development plan) is owned by the occupant.

The unit may be any permitted land use.

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3\00 ARTICLE I I DEFINITIONS

Section 206A Buildina Area

The aggregate of the ground level floor areas of all enclosed and roofed spaces of'the principal building and all accessory buildings. Such areas shall be computed by using outside building dimensions measured on a horizontal plane at ground level.

Section 2068 Buildina Coveraae

The percentage of the Lot Area covered by buildings.

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(c) All or a portion of the exterior open space and any community interior spaces are owned and maintained in accordance with the Pa. Uniform Condominium Act 68 Pa. C.S.A. Section 3101 et seq., and in accordance with the provisions for open space, roads, or other development features in the zoning ordinance and subdivision and land development regulations.

Section 210A Decision

Final adjudication of any board or other body granted jurisdiction under this ordinance or Act 170 to do so, either by reason of the grant of exclusive jurisdiction, or by reason of appeals from determinations. (All decisions shall be appealable to the Court of Common Pleas of the County and Judicial District wherein the Township lies.)

Section 211

Density is a measure of the number of dwelling units per unit of area. It shall be expressed in dwelling units per acre.

Density, Net: This is the maximum density permitted on the buildable portion of the site, as determined in Section 801. All tracts of land within a district may be developed to the same net density. Net density is calculated by dividing the total number of dwelling units by the Net Buildable Site Area (Section 801). This density controls actual site capacity.

Section 211A Determlnatlan . .

Final action by an officer, body or agency charged with the administration of this ordinance

(1) The Governing Body:

or applications thereunder, except the following:

(2) The Zoning Hearing Board:

Determinations shall be appealable only to the Boards designated as having jurisdiction for such appeal.

Section 212

(a) Dwelling: A building containing one or more dwelling units on a separate parcel of land or where property zoned, a building containing one or more dwelling units on a single parcel of land.

Dwelling Unit: Any room or group of rooms located within a residential building and forming a single, habitable unit with facilities used or intended to be used for living, sleeping, cooking and eating, by one family.

(b)

Section 213 Emolovee A term referred to in the parking standards as a measure of the number of parking spaces

required. It shall refer to the maximum number of employees on duty at any time, at a place of business whether the employees are full or part time. If shifts are involved in which two shifts overlap, it refers to the total of both shifts.

Section 214

One person, or two or more persons related by blood, foster relationship, marriage or adoption, and in addition, any domestic servants or gratuitous guests thereof; or a group of not more than five persons who need not be so related, and in addition, domestic servants or gratuitous guests thereof, who are living together in a single, non-profit dwelling unit and

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ARTICLE I 1 DEFINITIONS

Section 211 B DeveloDment

The division of a lot into two (2) or more lots; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, filling, grading of land disturbance; any use or extension of the use of land; any other land development.

maintaining a common household with single cooking facilities. A roomer, boarder, or lodger shall not be considered a member of the family.

Section 215 7 Areas adjoining any streams, ponds or lakes subject to a 1 OO-year-recurrence-interval

flood as delineated by the following studies or a study experienml.in the preparation of hydrological studies and the

Flood Insurance Study Township of Tinicum, Pa., Bucks County U.S. Dept. of Housing and Urban Development Federal Insurance Administration

Section 216 Flood P m

Areas subject to periodic flooding and listed in the ,Soil W e v of R- Pen-, U.S. Department of Agriculture, Soil Conservation Service, July 1975, as

"soils subject to periodic flooding." Such soils include the following:

Alluvial land (Ae) Alton gravelly loam, flooded (AIA) Bowmansville sib loam (Bo)_-. Hatboro sib bam (Ha)

Marsh (Mh) Pope loam (PoA) Rowland sib loam (Fb)

Section 217 '

Areas, groves, or stands of mature or largely mature trees (greater than 6 inches caliper), covering an area greater than onequarter (114) acre; or groves of mature trees (greater than 12 inches caliper) consisting of more than 10 individuals.

Section 217A

An administrative proceeding conducted by a Board pursuant to section 1500 of the Zoning Ordinance.

Section 218

An activity for gain customarily carried on in a dwelling, or in a building or structure accessory to a dwelling, clearty incidental and secondary to the use of the dwelling for residential purposes.

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Section 219 7 r)r (3 I..) Impervious surfaces are non-absorbing surfaces. AI/building, parking areas, driveways,

roads, sidewalks, and any areas in concrete, asphalt,& packed stone shall be considered impervious surfaces within this definition. In addition, other areas determined by the Township Engineer to be impervious within the meaning of this definition will also be classed as impervious surfaces.

Section 220 I

The impervious surface ratio is a measure of the intensity of use of a piece of land. It is measured by dividing the total areas of all impervious surfaces within the site by the tsseste . . \01~G~~(31m)

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Section 221

Natural or artificial bodies of water which retain water year-round. Artificial ponds may be created by dams, or resutt from excavation. The shoreline of such water bodies shall be measured from the spillway crest elevation rather than permanent pool if there is any difference. Lakes are bodies of water two (2) or more acres in extent. Ponds are any water bodies less then two (2) acres in extent.

Section 221A Dev-, as follows:

Land Development - Any of the following activities:

1.

2.

Section 222

3 (a)

4 4

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The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving:

a. a group of two or more residential or non-residential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots, regardless of the number of occupants or tenure: or

the division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups, or other features.

b.

A subdivision of land.

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Lot: A designated parcel, tract or area of land established by a plat or otherwise as

Average Lot Area per Dwelling Unit: The average lot area for all dwelling units of a single type. Individual lots may be smaller or larger than the average, provided that the average size is maintained and that all other standards of this Ordinance are met.

Comer Lot: A lot with an interior angle of less than one hundred and thirty-five (135) degrees at the intersection of two (2) future right-of-way lines. A lot abutting upon a cunred street or streets shall be considered a comer lot if the tangent to the curve at the points beginning within the lot or at the points of intersection of the side lot lines with the future right-of-way lines intersecting at an angle of less than one hundred and thirty-five (135) degrees.

Through Lot: An interior lot with frontage on two parallel or approximately parallel streets.

Depth of Lot: The mean distance from the future right-of-way of the lot to its opposite rear line, measured in the general direction of the side lines of the lot.

Lot Width: The distance between the side lot lines at the required building setback line. In a case where there is only one side lot line, lot width shall be

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measured between such side lot line and the opposite rear lot line or future right- of-way.

Lane Lot: A lane lot is a parcel of land that lies behind a frontage bt, which does not have the required minimum lot width at the minimum front yard line as required for the appropriate district by Article IV, but has direct access to a public street through a narrow strip of land which is part of the same lot. The lot lines on the narrow portion of the lot (the lane) are parallel or nearly parallel.

(h)

Section 223 J at I ineS

(a)

(b)

Lot Lines: Any boundary lines of a lot.

Lot Line, Rear: Any lot line parallel to or within forty-five (45) degrees of being parallel to a future right-of-way, except for a lot line that is itself a future fightof- way, and except that in the case of a comer lot the owner shall have the option of choosing which of the two (2) lot lines that are not street lines is to be considered a rear lot line. In the case of a lot having no street frontage or a lot of an odd shape, only the one lot line farthest from any street shall be considered a rear lot line.

I Section 224

See Section 804(f).

Section 225

and other appurtenances necessary for the erection thereon of a single mobile home.

Section 226

A parcel of land in a mobile home park, improved with the necessary utility connections

That part of an individual lot which has been resewed for the placement of the mobile home, appurtenant structures or additions and constructed according to specifications in the Zoning Ordinance.

Section 226A

See Section 804(g).

Section 2268

A lot the area or dimension of which was lawful prior to the adoption or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.

Section 226C

A use, whether of land or a structure, which does not comply with the applicable use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment, or prior to the application of such ordinance or amendment to its location by reason of its annexation.

Section 227 Qpen .a Land which is used for recreation, resource protection, amenity, or buffers; is freely

accessible to all residents; and is protected by the provisions of this Ordinance and the subdivision and land development ordinance to ensure that it remains in such uses. Open space a

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&o ARTICLE I I

(0 Section222

Section 22214

DEFINITIONS

- Lot

Lane Lot: A lane lot is a parcel of land that lies behind a frontage lot, which does not have the required minimum lot width at the minimum front yard line as required for the appropriate district by Article IV, but has direct access to a public street through a narrow strip of land which is part of the same lot. The lot lines on the narrow portion of the lot (the lane) are parallel or nearly parallel.

Lot Area

The area within the property lines of the individual parcels of land shown on a subdivision plan or land development plan as required by the Zoning Ordinance, { excluding any area:

(a)

(b)

(c)

(d)

within an existing or future street right-of-way:

any land lying within the access lane for lane lots;

any area required as open space under the Zoning Ordinance;

any area within a floodway, waterway, or wetlands;

(e) any area with slopes of 15% or greater;

(9 any existing or proposed easement.

Secfion 227 Open Space

. Land which is used for recreation, resource protection, amenity, or buffers; is freely accessibla to all residents; and is protected by the provisions of this Ordinance and the subdivision and land development ordinance to ensure that it remains in such uses. Open space does not include land occupied by stormwater management facilities, buildings, roads, or road rights-of- way; nor does it include the yards or lots of single- or multi-family dwelling units or parking areas as required by the provisions of this Ordinance. Open space shall be left in a natural state except in the case of recreation uses which may contain impervious surfaces. Such impxvious surfaces shall be included in the calculation of the impervious surface ratio.

*

&-. wGnGFAL-J*~=.s (3b.) does not include land occupied by cbWW&mm ' , buildings, roads, or road rights-of-way: nor does it include the yards or lots of single- or multi-family dwelling units or parking areas as required by the provisions of this Ordinance. Open space shall be left in a natural state except in the case of recreation uses which may contain impervious surfaces. Such impervious surfaces shall be included in the calculation of the impervious surface ratio.

Section 228

the total amount of open space within the site by the base site area. The open space ratio is a measure of the intensity of land use. It is arrived at by dividing

Section 229 Palisades

U.S. Department of Agriculture, Soil Conservation Service, July 1975, as either of the following: That area identified in the -v of Ruckand Phil- PeruxUhUh,

Penn-Klinesville extremely stony silt loams, 2540% slopes. (PIE) Neshaminy extremely stony silt loam, 25-50% slopes. (NhE)

Section 230 P r i n m

(a)

(b)

Principal Building (See Section 206).

Principal Use (See Section 244).

Section 230A

A formal meeting held pursuant to public notice by the Governing Body or Planning Agency, intended to inform and obtain public comment, prior to taking action in accordance with Act 170.

Section 2308

the "Sunshine Act" or its succeeding laws.

Section 230C

A forum held pursuant to notice under the act of July 3, 1989 (P.L. 388 No. 84), known as

Notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than thirty days, and the second publication shall not be less than seven (7) days from the date of the hearing.

Section 231

. An imaginary line along the ground sudace, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intra-building real property divisions.

Section 231A Reoart

Any letter, review, memorandum, compilation or similar writing made by any body, board, officer or consultant other than a solicitor to any other Body, Board, Officer, or Consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination. All reports shall be deemed recommendatory and advisory only, and shall not be binding upon their recipient, Board, Officer, Body or Agency, nor shall any appeal lie therefrom. Any report used, received, or considered by the Body, Board, Officer, or Agency rendering a determination

11

or decision shall be made available for inspection to the applicant, and all other parties to any proceeding upon request, and copies thereof shall be provided at cost of production.

Section 233

(a)

e Section 234

t 4 f - W

Right-of-way: Land set aside for use as a street, alley (see Subdivision Regulations for alley definition), or other means of travel.

Existing right-of-way: The legal right-of-way as established by the Commonwealth or other appropriate governing authority and currently in existence.

Future right-of-way: The right-of-way deemed necessary by the Tinicum Township Comprehensive Plan, as appropriate to provide adequate width for the future street improvements.

Sewer

Public Sewer: A "public sewer is any municipal or privately owned sewer system in which sewage is collected from buildings from more than one lot and piped to

system. It may 3/00

3100

an approved sewage disposal j also be referred to as "off-lot" or "off-site" sewer.

Private Sewer: An "on-lot" septic tank disposal system generally providing for disposal of effluent for only one (1) building or a group of buildings on a single lot.

Community land application sewage system: Treated effluent from two or more homes that is applied to the land either on the surface or below.

A sign shall be defined as any device used to identify or call attention to a business, residence, location, event, or organization.

Section 235

All land area within the site as defined in the deed. Actual area shall be from a site survey rather than a deed description.

Section 236

e total area of a sit ('21 m=vxmn-w&y:

(9 ,(a) (c) fl (d)(j#

existing mad and utilities rightof-way,

land which is not contiguous or is separated from the parcel by a road or other public easement: and

land shown on previous subdivisions or land development plans as reserved from development for natural resource reasons, recreation, and/or open space preservation.

Section 237

That part of the base site area remaining for development after the amount of open space necessary for resource protection and recreation has been calculated and deducted.

12

Section 237A

of the Zoning Ordinance.

Section 238 &eo S]oDes

A use permitted in a particular zoning district pursuant to the provisions of Section 1406 0

,

Areas where the average slope exceeds eight (8) percent which, because of this slope, are subject to high rates of storm-water run-off and therefore erosion.

Section 239 Stprv

That part of a building located between a floor and the floor or roof next above. The first story of a building is the lowest story having one-half or more of its wall area above grade level. A half-story is a story under a gable, hip or gambrel roof, the wall plats of which on at least two opposite exterior walls are not more than two (2) feet above the floor.

Section 240

That story with its floor level immediately above the average finished grade level of the adjoining ground at any particular point or side of the dwelling.

Section 241 Street

A public@pwate) way used or intended to be used for passage or travel by motor vehicles.

is exclusively used.

Section 242 a e e t I im

If private, such way must be used or intended to be used as the principal means of access to an abutting b t or lots or to more than two (2) dwelling units on lots on which a private way

The dividing line between the street and the lot. The street line shall be the same as the legal right-of-way provided that where a future right-of-way width for a road or street has been established, then that width shall determine the location of the street line. - - ._

Section 243 StructTlire

or not affixed to the land. -\ . . . Section 243A

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 devises, transfer of ownership or building or lot development, provided, however, that the subdivision by lease of land for agricultllral purposes into parcels of more than ten acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.

Section 2438

A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer by the Township.

13

Section 24% Transferable DevelPPmentBiQhts (TDB

The attaching of development rights to specified lands which are desired by the Township to be kept undeveloped, but permitting those rights to be transferred from those lands so that the development potential which they represent may occur on other lands within the municipality where more intensive development is deemed by the Township to be appropriate.

0

Section 244

(a) Use: Any activity, occupation, business or operation carried on, or intended to be carried on, in a building or other structure or on a tract of land.

(b) Use, Accessory: A use located on the same lot with a principal use, and clearly incidental or subordinate to, and in connection with, the principal use.

(c) Use, Principal: The main use on a lot.

Section 245 Water. P w

Any municipal water supply system, or any private system dedicated to the public such as any existing private franchise area and the entire system; or a water supply capable of supporting the entire development, or a standpipe or water storage system meeting township specifications.

Section 24SA

An inventory of the source, quantity, yield and use of groundwater and surface water resources within the Township adopted by the Township by resolution.

Section 246 Wetlands

Marshes, swamps, and bogs, including areas greater than onequarter (1/4) acre which are subject to flooding and standing water. Wetlands lie along streams, channels or swales, or are adjacent to floodplain soils, and have a slope of less than .5 percent.

I Section 247

(a) Yard: An open area unoccupied by any structure except for permitted projections and plantings, on the same lot with a structure, extending along a lot line or street line and inward to the structure. Measured as the shortest distance between the structure and a lot line or street line.

~ (b) Yard, Front: An open space, unobstructed except for access, between the street line and the required front yard extending the entire length of the street line. In the case of a corner lot, the yards extending along all streets are front yards. In the case of a lot other than a corner lot that fronts on more than one street, the yards extending along all streets are front yards.

(c)

(d)

Yard, Rear: A yard between a structure and a rear lot line and extending the entire length of the rear lot line.

Yard, Side: A yard between a siructure and a side lot line, extending from the front yard to the rear yard. In the case of a lot having no street frontage or a lot of odd shape, any yard that is not a front yard or a rear yard shall be considered a side yard.

14 1

A

ARTICLE I I DEFINITIONS e Section 2458 Waterway

Any natural or artificial swale, stream, creek, run, or structure in which water flows continuously or intermittently.

Section 246 Wetlands

Marshes, swamps, and bogs, j which are subject to flooding and standiiig water. Wetlands lie along streams, channels or swales, or are adjacent to floodplain s o i l s t . Wetlands are areas with hydric soils that are saturated by water and support hydrophytic vegetation.

ARTICLE 111 ESTABLISHMENT OF DISTRICTS

Section 300 -of Dlstncts

All areas of Tinicum Township are hereby divided into districts of different types, each type being of such number, shape, kind and area, and of such common unity of purpose and adaptability of use, that is deemed most suitable to carry out the objectives of this Ordinance and the Tinicum Township Comprehensive Plan.

Section 301

which shall be designated as follows:

. .

For the purpose of this Ordinance, Tinicum Township is hereby divided into districts

RC -

RA -

vc -

VR -

CR -

Residential Conservation District:

It is the purpose of this district in areas where major physiographic problems exist, in areas where accessibility is difficult, or in areas of unique natural beauty, to conserve the existing character of such areas by providing natural beauty, to conserve the existing character of such areas by providing for bw-intensity residential and agricultural uses and to guide more substantive land development into other more appropriate zoning districts. Minimum lots in this district are of sufficient size to encourage preservation of wooded areas and to make it reasonably feasible to permit on-lot sewage disposal.

Residential Agricultural District:

It is the purpose of this district to establish areas composed of residential properties of a semi-rural or rural character on lands which do not have the severe drainage or water supply limitations prevailing in the RC district. Requirements for this district are designed to protect the essential characteristics of these areas, to promote and encourage a suitable and safe environment for family life. Minimum lots in this district are of sufficient size to make it reasonably feasible to permit on-lot sewage disposal.

Village Center District:

The village center deals with existing villages or commercial areas in the township. This district is established and specifically structured to accommodate higher density residential uses and a limited number of retail sales and services which are considered essential to the proper functioning of residential neighborhoods. Commercial facilities permitted in this district are generally required by a family at intervals of a week or lev.

Village Residential District:

The purpose of this district Is to accommodate all types of residential structures, single- family and multi-family, to ensure a balanced community. Village residential densities are high, compatible with a village or small town character. Performance standards encourage clustered development and ensure the protection of environmental resources on the site.

Country Residential District:

The purpose of this district is to accommodate single-family detached residential uses. The country residential district has a moderate density in keeping with the township's character. Performance standards encourage clustered development and ensure the protection of environmental resources on the site.

15

PI - Planned Industrial District:

The purpose of the PI Planned Industrial District is to encourage development compatible with the rural character of the Township, with suitable open spaces, landscaping, and parking areas. To these ends, development is limited to a low concentration; external effects are limited: and permitted uses are confined to those activities that can be carried on in an unobtrusive manner. Such development shall be planned as a whole with all uses fronting on an internal street.

C - Commercial District:

This district is established to provide commercial uses for local and area residents as well as permitting totally designed commercial centers or parks with strictly limited access to roads and street design standards.

CC - Controlled Commercial District:

The purpose of the CC Controlled Commercial District is to provide for non-retail commercial uses, such as administrative and professional off ices, medical facilities, educational, religious a;. 3 philanthropic institutions, and other low-traff ic generating, non- retail commercial uses, io provide standards which will ensure that such development will be of a character compatible with adjacent residential land uses.

E - Extraction District:

This district is established to permit extraction of sand, gravel, shale, clay, etc., including borrow pits, in a safe and nondeleterious manner, and to require the rehabilitation of land during the extractive operation and at the time operations are ended.

LC - Limited Commercial District:

It is the purpose of this district to provide for retail commercial uses such as retail stores. service businesses, and financial establishments, and to provide standards which will insure that such development will be of a character compatible with adjacent residential

. . Section 30

Districts are bound and defined as shown in the map entitled "Zoning Districts - Tinicum Township," which accompanies and which, with all explanatory matter thereon, is hereby made a part of this Ordinance.

Section 303 a Where uncertainty exists with respect to the boundaries of the district as indicated on the

(a) Where district boundaries are indicated as approximately coinciding with the center lines of streets, highways, or streams, such center lines shall be construed to be such boundaries.

Zoning Map, the following rules shall apply:.

(b) Where district boundaries are so indicated that they approximately coincide with lot lines, such lot lines shall be construed to be said boundaries, or where district boundaries are extensions of lot lines or connect the intersections of lot lines, such lines shall be said district boundaries.

Where district boundaries are so indicated that they are approximately parallel to center lines of streets or highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Zoning Districts Map.

(c)

I

I

1 I I 1 16

ARTICLE Ill ESTABLISHMENT OF DISTRICTS

QF Section 301 Classes of Districts

For the purpose of this Ordinance, Tinicum Township is hereby divided into districts which shall be designated as follows:

Overlav Districts

FP - Flood Plain District

The Flood Plain District shall be regulated by Standards in Section 804.

SSC - Steep Slope Conservation District

The Steep Slope Conservation District shall be regulated by Standards in Section 805.

WMIM- Wetlands and Wetlands Margin Overlay District

Wetlands and Wetlands Margins shall be regulated by Standards in Section 806.(b)

RB - Riparian Buffer Overlay District

Riparian Buffers shall be regulated by Standards in Section 806.(c)

CRA - Critical Recharge Areas Overlay District

. Critical Recharge Areas shall be regulated by Standards in Section 806.(d)

TC - Tinicum Creek Watershed Overlay District

The Tinicurn Creek Watershed shall be regulated by Standards in Section 806.(e)

THC - Tohickon Creek Watershed Overlay District

The Tohickon Creek Watershed shall be regulated by Standards in Section 806.(f)

W&H -Woodland & Hedgerow Overlay District

Woodlands and Hedgerows shall be regulated by Standards in Section 806.(g)

CB - Critical Biodiversity Areas Overlay District

Critical Biodiversity Areas shall be regulated by Standards in Section 806.(h)

PF - Prime Farmland and Agricultural Soils Overlay District

Prime Farmland and Agricultural Soils shall be regulated by Standards in Section 806.(i)

DWS - Delaware Wild and Scenic River Overlay District

The Delaware Wild and Scenic River shall be regulated by Standards in Section 8OC.(j)

SR - Scenic Roads Overlay District

Scenic Roads shall be regulated, by Standards in Section 806.(k)

16

Section 400.1 General Reauirements

(a) Purpose

It is the purpose of this district in areas where major physiographic problems exist, in areas where accessibility is difficult, or in areas of unique natural beauty, to conserve the existing character of such areas by providing natural beauty, to consewe the existing character of such areas by providing for low-intensity residential and agricultural uses and to guide more substantive land development into other more appropriate zoning districts. Minimum lots in this district are of sufficient size to encourage preservation of wooded areas and to make it reasonably feasible to permit on-lot sewage disposal.

Section 400.2 Use Reaulations

Within the RC - Residential Conservation District, a building may be erected, altered, or used, and any lot or premises may be used when in conformance with the conditions of this Ordinance and the specific use, area and design regulations of this district, for any one (1) of the following uses and no other, subject to the Overlay District regulations.

- w

ARTICLE IV RESIDENTIAL DISTRICTS

B C - P . . 0 Section 400

Section 400.1

(a) Purpose 75 5zcscps ict, a building may be

be used when in e specific use, area and

Section 400.2 Us9 wllwQns (a) Uses Permitted by Right

Any of the following uses shall be permitted provided the Use Regulations, Article VI1 of this Ordinance have been met.

(1) Crop Farming/Nursery, Use A1 -- M-A +&I 3/& am&-& (2) Greenhouse, Use A2 - (3) Animal Husbandry, Use A3 (4) Kennel, Use A4 (5) Stable, Use A5 *'&c\\z-> (6) (7) (8) School, Use C2 (9) (1 0)

Single Family Detached, Use B1 .. Place of Worship, Use C p

Library or Museum, Use C4 Recreational Facility, Use C5 Private Recreational Facility, Use C6

(1 4) Community Center, Use C9 d (15) Dav Cnrn Cwttnr I P i n __ (VI31 Cemetery, Use C13 (4817) Veterinary, Use E13 (4918) Utilities, Use FI (Nl9) Emergency Services, Use F2 (2420) Home Occupation, Use Hi (2221) Accessory Office, Use H2 (2322) Residential Accessory Building, Use H3 (H23) Signs, Use H7 (24) Forestry, Use A6

(b) Uses

be considered permitted, provided the conditions for conditional use approval have been met in accordance with Article XII, in addition to Article VII, Use Regulations, of this Ordinance.

uaL ': e

17

Section 401 P A - Residential Aaricultural District

Section 401.1 General Requirements

(a) Purpose

It is the purpose of this district to establish areas composed of residential properties of a semi-rural or rural character on lands which do not have the severe drainage or water supply limitations prevailing in the RC district. Requirements for this district are designed to protect the essential characteristics of these areas, to. promote and encourage a suitable and safe environment for family life. Minimum lots in th i s district are of sufficient size to make it reasonably feasible to permit on-lot sewage disposal.

Section 401.2 Use Regulations

Within the RA - Residential Agricultural District a building may be erected, eltered, or used, any lot or premises may be used when in confcrmance with the conditions of this Ordinanse and the specific use, area and design regulations of this district, for any one (1) of the following uses and. nopt_her, subject to the Overlay District regulations. . , .. _. -e. .. .. ... . - ..., ..,,.... .."... _'_... *<.,-.;.. _. -..,.. .d :...y r . ..-- \..... .. .a ..:. "c; .*.- .. _... ... :c .._.̂ -:.- ..._ ;-., _:.>-a .-., . . i @ . r ....? ,.-. - <-:,- y

~. --- ~- .. . . ..-_ , ~. . , .. ....;. ..:..

- -~ -- - - __

Ow. Any of the following uses shall be permitted as a special exception when

authorized $y the Zoning Hearing Board in accordance with Article XIV and the Use Regulations, Article VI1 of this Ordinance.

(1) (2) Airport, Use F4

Cottage Development or Private Camp, Use 87

Section 400.3

Use Minimum Minimum Maximm Maximum Minimum Yards (ft.) lot &!e ~ w q lot width at impervious height front side mar (acres) c3Im)etback (ft.) surface ratio (ft.1

Single

.10 35 75 50 50

Other Permitted Uses 3 225 10 35 75 50 50

PA-- . . Section 401

Section 401.1

(a) Purpose 5- \e&=

altered, Within or u s g the y lot - Residential or premises A X ma e used District when a in b z rmame y be erected, with the conditions of t dinance and the s ecif' use, area and regulations of this district.

Section 401.2

(a) Uses Permitted by Right

Any of the following uses shall be permitted provided the Use Regulations, Article VI1 of this Ordinance have been met.

Crop Farming/Nursery, Use A1 Greenhouse, Use A2 Animal Husbandry, Use A3 Kennel, Use A4

Single Family Detached, U s e h Place of Worship, Use C? School, Use C2 Library or Museum, Use C4 Recreational Facilitv. Use C5

Stable, Use A5 .&.A\.*

Private Club. Use C8 (1 4j (1 5) (1 6)

Community Center, Use ~9 Day Care Center, Use C1

(17) -13

I

18 I

The purpose of this residential uses. The country

district is to accommodate single-family detached residential district has a moderate density in keeping

with the township's character. development and ensure the protection of environmental resources on the site.

Performance standards encourage clustered


Within the CR - Country Residential District a building may be erected, altered, or used, and any lot or premises may be used when in conformance with this Ordinance and the specific use, area, and design regulations of this district, for any one (1) of the following uses and no other, subject to the Overlay District regulations.

- _ -

2 b\4 Veterinary, Use E13 Utilities, Use F1 Emergency Services, Use F2 Home Occupation, Use H1 Accessory Office, Use H2 Residential Accessory Building, Use H3 Signs, Use H7

-

Uses Permitted by Conditional Approval

Any of the following uses shall be permitted, provided the conditions for conditional use approval have been met in accordance with Article XII, in addition to Article VII, Use Regulations, of the Ordinance.

(1) (2)

VillageMamlet Option, Use 61 1 Recreational Camping Park, Use C14

Uses Permitted by Special mceprion \ v , v - :--

or&\) Any of the following uses shall be permitted as a special exception when

authorized 6y the Zoning Hearing Board in accordance with Article XIV and the Use Regulations, Article VI1 of this Ordinance.

(!I Cottage Development or Private Camp, Use 87 &- ( Y) Airport, UseF4

Section 401.3

Use Minimum Minimum Maximum Maximum lot size Q-. lot width at impervious height

setback (ft.). surface ratio (ft.1

Single Family Detached *'\y Use 81 2 200 .15 35

Other Permitted Uses 2 200 .15 35

Section 402 CR - c- Section 402.1

(a) Purpose L U . 4

Minimum Yards (ft.) front side rear

50 35 50

50 35 50

Section 402.2

(1) Crop FarmingNursery, Use A1 (2) Greenhouse, Use A2

(3) Animal Husbandry, Use A3 (4) Stable, Use A5 (5) (6) (7) (8) School, Use C2 (9)

Single Family Detached, Use 61 Single Family Detached Cluster, Use B5 Place of Worship, Use C1

Library or Museum, Use C4 . . e C5

community Center, use ~9 Day Care Center, Use C10

m e c12 Cemetery, Use C13 Utillies, Use F1 Emergency Services, Use F2 Home Occupation, Use H1 Accessory Office, Use H2 Residential Accessory Building, Use H3 Signs, Use H7

"(et---

Uses Permitted by Conditional Approval

conditions for conditional use approval have been met in accordance with Article XII, in addition to Articl

(1) Conversion, Use 62

Anygf Oqse % e following uses shall be considered permitted, provided the

of this Ordinance.

(1) Lde Care Facility, Use 68

Section 402.3 Area

Open lot &e (dulacre) bt widh at 'mperviwr height front side ~BBT spaee

setback(ft) Burfacereti0 (ft.) (ft.1 rab

Use Minimum Density Minimum Wxinun M h u n Minimum Y d

6-a Single C3b) FmT/ Detached Dd1.L use 01 Aeecer .75 175

Single FmnY Detached Cluster 30,000 use 85' sqk 1 .o 100

Other Permitted uses 1.5 aaes - 175

With community land application sewage systems.

.20 35 50 35 50 -

.10 35 40 25 40 .3

.20 35 50 25 50 -

20

(c) Uses

as a special exception when with Article XIV and the

Use Regulations Article VI1 of this Ordinance.

(1) (2)

Mobile Home Park, Use 69 Life Care Faciliiy, Use E8

21

3/14/00 Revisions to page 21

Section 403 VR - Villaae Residential District

Section 403.1 General Reuuirements

(a) Purpose 6

The purpose of this district is to accommodate all types of residential structures, singlefamily and multi-family, to ensure a balanced community. Village residential densities are high, compatible with a village or small town character. Performance standards encourage clustered development and ensure the protection of environmental resources on the site.


Within the VR - Village Residential District a building may be erected, attered, or used, and any lot or premises may be used when in conformance with this Ordinance and the specific use, area and design regulations of this District, for any one (1) of the following uses and not other,

' provided the Use Regulations, Article VI1 of this Ordinance have been met, and the Overlay District regulations have been met.


(1 ) G-cf s r m .

(4) Single Family Detached Dwelling, Use B1 Cd) G-4- ka

6 (5) Single n Family Detached Cluster, Use 65 C3) kJ&"y A 3

(76) (87) School, Use C2 (98) (449) Recreational Facility, Use C5 (44-10) Golf Course, Use C7 (421 1) Private Club, Use C8 (4312) Community Center, Use C9 ($41 3) Day Care Center, Use C10

& i 4 j i=sec12 (4715) Cemetery, Use C13 (4416) Utilities, Use F1 (4917) Emergency Services, Use F2 (2Ql8) Home Occupation, Use H i (S19) Accessory Off ice, Use H2 (2220) Residential Accessory Building, Use H3 ~

(2321) Signs, Use H7

Place of Worship, use C1

Library or Museum, Use C4

r\ 1

(b) Uses Permitted by Conditional Approval

Any one (1) of the following uses shall be considered permitted provided the conditions for conditional use approval have been met in accordance with Article XII, in addition to Article Vll, Use Regulations, of this Ordinance.

(1) Conversion, Use 62 (2) Dormitory, Use H4 (3) performance Subdivision, Use B6 (34) Village/Hamlet option, Use 81 1

Section 404 VC - Villaae Center District

Section 404.1 General Requirements 1

(a) Purpose 5\00

The village center deals with existing villages or commercial areas in the township. This district is established and specifically structured to accommodate higher density residential uses and a limited number of retail sales and services which are considered essential to the proper functioning of residential neighborhoods. Commercial facilities permitted in this district are general!y required by a family at intervals of a week or less.


Within the VC - Village Center District a building may be erected, altered, or used, and any lot or premises may be used when in conformance with this Ordinance and the specific use, area, and design regulations of this District, for any of the following uses and no other, provided the Use Regulations, Article VI1 of this Ordinance have been met, and provided the Overlay District regulations have been met.


Section 403.3

Ube Minimum Density Minimum )utarium Maximum Minimum Y m k Open

setbadc(ft.) surfaceratio (ft.) (ft.1 ratio lot @ Q)- (dulacre) lot width at impervious height front side rea space

c+l Single Fmib laUW 1 .o 150 .15 35 50 30 50 - Detached Use B1 13,500 1.5 80 .30 35 35 15 50 - Single Fmib Detached Cluster' Use Bs 10,000 2.0 75 .20 35 35 10 40 .3

sq. ft:

sq. 8.

Perfomanca. Subdivision use B6' - 5.0 - .25 35" - - - .40

Mobile Home Park Use Bo - 4.0 - .25 35 30 - - - other Permitted Use8 1- 150 .15 35 5 0 3 0 5 0 -

With community land application sewage systems. ** 50 feet for use Bq

vc - v i . . Section 404 -7 %c \&+

Section 404.1

(a) Purpose

Section 404.2


~ W I f Q 1 -_

Crop FarminglNursery, Use A1 Single Family Detached Dwelling, Use B1 Rooming House, Use 83 Dwelling in Combination, Use 84 Single Family Detached Cluster, Use 85

Place of w o w School, Use C2 Library or Museum, Use C4 Recreational Facility, Use C5 Private Club, Use C8 Community Center, Use C9

. . . -EMemww R.r- QA nc.ngc it33

I I

1 I :

22

0

a

Day Care Center, Use C10 Hospital, Use C11 Nursing Home, Use C12 Medical Office, Use D1 Office, Use D2 Service Business, Use E2 Financial Establishment, Use E3 Eating Place, Use E4 Funeral Home, Use E7 Village Oriented Shops and Stores, Use E22 Utilities, Use F l Emergency Services, Use F2 Home Occupation, Use H1 Accessory Office, Use H2 Residential Accessory Building, Use H3 Temporary Structure or Use, Use H6 Signs, Use H7


Any of the following uses shall be considered permitted provided the conditions for conditional use approval have been met in accordance with Article XII, in addition to Article VII, Use Regulations, of this Ordinance.

(1) Conversion, Use 82 (2) Dormitory, Use H4 (3) W B w W l f l d [ b e o . NO, 103) ?&rc.-ce, ‘ % & A w \ - J O 5 C Q T ~ r - ~ % ) Uses Permitted by Special Exception

Any of the following uses shall be permitted as a special exception when authorized by the Zoning Hearing Board in accordance with Article XIV and the Use Regulations Article VII, of this Ordinance.

(1) Service Station, Use E14

Signs shall be permitted in accordance with Article X of this Ordinance. (d)

23

Section 404.3

Use Minimum Density Minimum

r (dtdacre) b t widm at setback ( f t )

bt S&S

Single Famity . laere * 88 150 Detached iyT Use81 Q 13,500 1.5 80

Single Fatllity Detached Cluster 10,000 use Bs' Sq. ft. 2.0 75

Performance Subdivision Use B6' - 5.0 - other Permitted Use. 1- - 150

** 5ofeetforuseB6j

sq. R.'

With community land applicetion bewage systems.

M i m u m Maximum impervious height surfaceratio (It.)

.15 35

.30 35

.20 35

.25 35"

.60 35

Minimum Yar& front

50

35

35

-

50

side (ft.)

30

15

10

-

30

rear

50

50

40

-

50

Minimum open spece

- -

.3

.4

-

I 1 I

24 '

Section 500.1 General Reauirements

(a) Purpose

The purpose of the CC Controlled Commercial District is to provide for non-retail commercial uses, such as administrative and professional offices, medical facilities, educational, religious and philanthropic institutions, and other low-traffic generating, non-retail commercial uses, to provide standards which will ensure that such development wil l be of a character compatible with adjacent residential land uses.

,


Within the CC - Controlled Commercial District a building may be erected, altered, or used, and any lot or premises may be used when in conformance with the conditions of this Ordinance and the specific use, area and design regulations of this district, for any of the following uses and no other, provided the Use Regulations, Article VI1 of this Ordinance, have also been met, and provided the Overlay District regulations have been met.


Section 500 CC - Cvntnlled C o m m u a l Oistra . . .

Section 500.1 & s,\eS-k (a) Purpose

Within the altered, or used, an the conditions of regulations of this dis

Section 500.2

I


Crop Farming/Nursery, Use A1 Garden Apartment, Use B6(j) Place of Worship, Use C1 School, Use C2 Commercial School, Use C3 Library or Museum, Use C4 Private Club, Use C8 Community Center, Use C9 Day Care Center, Use C10 Hospital, Use C11 Nursing Home, Use C12 Cemetery, Use C13 Medical Office, Use D1 Office, Use D2 Funeral Home, Use E7 Motel or Hotel, Use E8 Entertainment, Use E9 Outdoor Entertainment, Use E l 0 Tavern, Use El l Veterinary, Use E13 Parking Lot or Garage, Use El 9 Utilities, Use F l Emergency Services, Use F2 Home Occupation, Use H1 Accessory Office, Use H2 Residential Accessory Building, Use H3 Outside Storage or Display, Use H5 Temporary Structure or Use, Use H6 Signs, Use H7

(b) Uses

be considered permitted, provided the been met in accordance with Article

XII, in addition to Article VII, Use Regulations, of this Ordinance.

(1) Service Station, Use E14 (2) Crafts, Use G7

25

Section 501.1 General Requirements , .

(a) Purpose

This district is established to provide commercial uses for local and area residents as well as permitting totally designed commercial centers or parks with strictly limited access to roads and street design standards.


Within the C - Commercial District a building may be erected, altered, or used, and any lot or premises may be used when in conformance with the conditions of this Ordinance and the specific use, area and design regulations of this district for any of the following uses, and no other, provided the Use Regulations, Article VI1 of this Ordinance, have also been met, and provided the Overlay District regulations have been met.

- -

(3) Dormitory, Use H4

Section 500.3

The following minimum dimensional requirements shall apply:

Minimum lot area (a-s)

Garden Apartments, Use B6j 5

Place of Worship, Use C1 2

Library/ Museum, use c4 2

Cemetery, Use C13 5

Motel/Hotel Use E8 5

Veterinary, Use E13 2

All Other Permitted

Section 501

Section 501.1

L:-. -... Minimum m u m bt width at I building setback (k)

200

200

100

100

200

100

200

- coverage

.25

.25

.25

.25

.20

.25

.20

M&i&n.,,> Maximum impervious height surfaceratio , (ft.)

.80 50

.50 35

.75 35

.75 35

.so 35

.75 35

.80 35

Minimum Yards (h.) front

50

50

50

50

100

50

50

side

40

35

20

20

75

20

20

FBBT

50

35

20

20

80

20

20

(a) Purpose t LK-L

Within the C - Co used, and any lot or pr conditions of this Ordina this district.

be erected, altered, or

Section 501.2


cd-1 --. Crop Farming/Nursery, Use A1 Greenhouse, Use A2 Garden Apartment, use B6j Commercial School, Use C3 Library or Museum, Use C4 Private Club, Use C8 Medical Office. Use D1

26 I



(1)

- . ._ -- -

Retail Shops, Use E l , with a gross floor area of 3,500 square feet or greater - ___-____ ___ -~

(22j (23)

Service Business, Use E2 Financial Establishment, Use E3 Eating Place, Use E4 Eating Place, Drive-In, Use E5 Repair Shop, Use E6 Funeral Home, Use E7 Motel or Hotel, Use E8 Entertainment, Use E9 Outdoor Entertainment, Use E10 Tavem, Use E l l Lumber Yard, Use E12 Veterinary, Use E13 Service Station, Use E l4 Automobile Sales, Use E15 Automobile Repair, Use E l6 Truck Sales, Use E17 Automobile Accessories, Use E18 Parking Lot or Garage, Use E19 Shopping Center, Use E20 Outdoor Motion Picture Establishment, Use E21 Utilities, Use F1 Emergency Services, Use F2 Plumbing, Retail & Wholesale, Use G7 Home Occupation, Use H i Accessory Office, Use H2 Residential Accessory Building, Use H3 Outside Storage or Display, Use H5 Temporary Structure or Use, Use H6 Signs, Use H7 Commercial Garage, Use H9


Minimum Minimum Maximum Maximum Maximum Minimum Yards lot siw lot width at building height Impervious front side rear

setback(ft.) coverage (ft.) Surface (ft.1 cd4 Ratio

1 acre 200 .20 35 75 20 35

5 acres ' 200' .25' 50' .80' 50' 40' 50.

J C - 1 W k d C o ~ . . * . . Section 502

It is the purpose of this district to provide for retail commercial uses such as retail stores; service businesses, and financial establishments, and to provide standards which will insure that such development will be of a character compatible with adjacent residential land uses.

Garden Apartment U s e B6j

27


Section502 LC - Limited Commercial District


Within the LC - Limited Commercial District, a building may be erected, altered, or used, and any lot or premises may be used when in conformance with the conditions of this Ordinance and the specific use, area and design regulations of this district, provided the Use Regulations, Article VI1 of this Ordinance, have also been met, and provided the Overlay District regulations have been met.


(1) (2) Service Businesses, Use E2 (3) Financial Establishment, Use E3

Retail Stores, Use El , with a gross floor area of less than 3,500 square feet.

(b) Signs shall be permitted in accordance with Article X of this Ordinance. I

Section 502.3 Area Reaulations .


Minimum Minimum Max. imp. Maximum Maximum Minimum Yards lot Sire area lot width at surface building height front side r e a

setback ratio eovercge (fi.1 (3.)

1 acre 200 ! S O .2G 35 100 50 75

. . . . . . -. . , .. . .. . . '28 . . . . .

. . . . . ., . ... . . .


(a) Purpose

The purpose of the PI Planned Industrial District is to encourage development compatible with the rural character of the Township, with suitable open spaces, landscaping, and parking areas. To these ends, development is limited to a low concentration; external effects are limited; and permitted uses are confined to those activities that can be carried on in an unobtrusive manner. Such development shall be planned as a whole with all uses fronting on an internal street.


Within the PI - Planned Industrial District, a building may be erected, aitered, or used, and any lot or premises may be used when in conformance with the conditions of this Ordinance and the specific use, area and design regulations of this district, for any of the following uses and no other, provided the Use Regulations, Article VI1 of this Ordinance, have also been met, and provided the Overlay District regulations have been met:

ARTICLE VI PLANNED INDUSTRIAL AND EXTRACTION DISTRICTS

PI - P m , e d h h m a l wtla . . . Section 600

Section 600.1 cse- LCs.r-) (a) Purpose

Within the PI - Planned altered, or used, and any lot or pr the ‘conditions of this Ordinan regulations of this district.

Section 600.2 Yse wl l lams


f l be permi-

c3loo\ m- hance-

(1) Crop FarminglNursery, Use A1 (2) Greenhouse, Use A2 (3) An!malHusbandry+~3

.&QlIGotfClourse,Use C7- - - -3 (5) Lumber Yard, Use E12

J

. I

‘8 Section 600.3

Signs shall be permitted in accordance with Article X of this Ordinance.

The following dimensional regulations shall apply to all permitted uses:

Automobile Sales, Use E15 Automobile Repair, Use E16 Truck Sales, Use E l 7 Automobile Accessories, Use E18 Parking Lot or Garage, Use E19 Utilities, Use F1 Emergency Services, Use F2 Terminal, Use F3 Manufacturing, Use G1 Research, Use G2 Wholesale, Use G3 Printing, Use G4 Contracting, Use G!5 Truck Terminal, Use G6 Crafts, Use G7 Planing Mill, Use G8 Mill, Use G9 Junk Yard, Use GlO Mini Warehouse, Use G12 Industrial Park, Use G13 Accessory Office, Use H2 Outside Storage or Display, Use H5 Temporary Structure or Use, Use H6

29


(a) Purpose

This district is established to permit extraction of sand, gravel, shale, clay, etc., including borrow pits, in a safe and nondeleterious manner, and to require the rehabilitation of land during the extractive operation and at the time operations are ended.


Within the E - Extraction District a building may be erected, altered, or used and any lot or premises may be used when in conformance with the conditions of this Ordinance and the specific use, area and design regulations of this district for any of the following uses and no other, provided the Use Regulations, Article VI1 of this Ordinance, have also been met, and provided the Overlay District regulation have been met:

P -_

Minimum Minimum Minimum Maximum Maximum Minimum Yard site area lot area lot width at building lot height front side rear

setback coverage (ft.) (ft.1

5 acres 3 acres 200 feet .25 35 100 30 50

Minimum Minimum Maximum Maximum Minimum Yard lot area lot width at building lot height front side rear

setback coverage (ft.1 (ft.)

5 acres 200 feet -25 35 100 30 50

F * Fxtraction DlWGl . . Section 601

Section 601.1

(a) Purpose eesaleFb.

esign regulations of

Section 601.2


(1) Crop Farming/Nursery, use A1 (2) Utilities, Use F1 (3) Emergency Service, Use F2 (4) Outside Storage or Display, Use H5

shall be permitted as a special exception when authorized by the Zoning Hearing Board in accordance with Article XIV and the Use Regulations, Article VII, of this Ordinance.

(1) Extraction Operation, Use G11

(c) Signs shall be permitted in accordance with Article X of this Ordinance.

Section 601.3 Area seaulatinas

The following dimensional regulations shall apply to all uses:

Minimum Maximum Minimum Yards lot &e C- c3b~ height front side rear

(ft.) (ft.1

5 acres 35 100 50 50

30


Section 700

Except as provided by law or in this Ordinance, no building, structure, fir land shall be used or occupied except for the purposes permitted in Section 704 and for the zoning distriis so indicated.

Section 701

(a)

(b)

Section 702

bv and W Not P e r m u

A use listed in Section 704 is permitted by right in any district denoted by the letter “P,” subject to such requirements as may be specified in Section 705, and after a zoning permit has been issued in accordance with Article XIII.

A use listed in Section 704 may be permitted as a Special Exception in any district denoted by the letters “SE,” provided the Zoning Hearing Board authorizes the issuance of a zoning permit by the zoning officer, subject to the requirements of Section 705 and Article XIV and such further restrictions as said Board may establish.

A use listed in Section 704 is permitted as a Conditional Use in any district denoted by the letter “C,” provided the Board of Supervisors, having received recommendations from the Planning Commission within sixty (60) days of receipt of the petition, grants the conditional use subject to the expressed standards set forth in Section 705 and Article XII, and such further conditions that the Board of Supervisors may impose to insure the protection of adjacent uses, or the health, safety, or general welfare.

A use‘listed in Section 704 is not permitted in any district denoted by the letter “N.”

to Other

Uses permitted by right or as special exceptions shall be subject, in addition to use regulations, to such regulations of yard, lot size, lot width, building area, easements, provisions for off-street parking and loading, and to such other provisions as are specified in other Articles thereof.

In particular, the laws of the Commonwealth and the regulat9ns of the Bucks County Department of Health regarding water supply and waste disposal shall be adhered to. Further, no zoning permit shall be issued until approval for sewage disposal is obtained from the Bucks County Department of Health, unless the premises are served by sewage facilities. and the certification from the servicing authority shall be presented that a connection has been approved.

Section 703 - No garage or other accessory building, partial structure or temporary structure shall be

erected or moved onto a lot and used for any dwelling purposes unless authorized by the issuance of a temporary zoning permit. Such permit shall clearly set forth that the structure proposed is intended for temporary dwelling purposes and that the authorized structure is to be vacated upon the expiration of a special time limit, not to exceed one (1) year. On receipt of the zoning permit, the applicant shall certify that he has knowledge of the terms of the permit and the penalty that can be invoked for violations.

Non-conforming temporary buildings or uses incidental to a building development and reasonably required for such development may be granted temporary zoning permits, according to Section 705, Use H6.

31

Section 70314 Demolition

(a)

(b)

No building or structure 100 square feet or greater shall be demolished until a demolition permit shall have been issued by the Zoning Officer.

The Zoning Officer shall issue a permit, upon application, subject to the following:

1.

2.

3.

4.

Proof of ownership or right to demolish.

Proof of a satisfactory plan for disposal of debris.

Proof that there is no historic significance in the structure to be demolished. If the building or structure is shown to be more than fifty years old, or is otherwise of historic significance, as determined by the Zoning Officer, the application shall be referred to the Township Historical Commission. If not of historical significance, the Zoning Officer shall not withhold a permit on this basis. If of historical significance, the applicant shall meet with the Historical Commission, or its representatives, within fourteen (14) days, after which a permit shall issue.

During the fourteen (14) day period, the applicant shall permit the Tinicum Township Historical Commission, or its agents, to inspect the structure to be demolished to assess its historical significance. If historically significant features are discovered by the Commission, e.g., stairways, decorative trim, panelling, beams, etc., the applicant shall cooperate with the Historical Commission by permitting these features to be photographed and, if possible, removed, before the structure is destroyed, if it is determined to demolish the structure.

32

3 MU (2)

B A2 C: atOO11hOl160

MLA (2)

A3 Adriinl Iltrsl~indy MCA (2)

A 4 Konnol MW (2)

b A5 SdAn

MI% (2)

A6 Foroslry

A 1 Crop I~nmilndNursoty

b -,

4

4 MA (2)

3 n. Ilo6lcbnlinl IJsos

I' I' P P P P P N I' P 3 n : 2nc. 1.5ac. lw. I a. I n : lnc. -- 5 (IC. 6 IIC.

P P P r t.1 N I' N r N 1 nc. .- '5 (IC. - -.. - 3m. 2 f f i 1.5nc. loc.

r 10 Dc.

P to6c.

I' 5 nc.

P P N tom. IOrrc. --- N N t4 - -. .-

N - N - P N 1onc. .- N N .. .-.

IO Bc.

5 nc.

5 CLC.

I' 5oc

N - N - N -..

P 5m.

SE 2 M.

N - P 5 LIC.

N N

N N

--. ..*

-- ... N - SE

3 nc.

t D1 Single-Famlly Dolaclied Dwelllng MW\ ( 2 )

P 2nc --

P 1.5 nc. -

P 1 Dc. 13.6C9 sq. 1.

s 1: 1 N;.

I' 1 M.

I' 1 M

N - .-..

' P 2 a RC; -.

N .- --

N .... --

N -... --

Si 2 nu:

N

SE 1.6 nc.

I4 -

N -..

N c

SE 3 w.

N - N -..

t l .- tJ -.

N .- tJ ... N ... N (4 . .-

N ... N ... N ... N (4) .-

N N -.. _ - N

-. N 20 M. ..- P

N -

I' tI N El 5 /E.

s:: Sli . I1 I1 ;I 10nc. iooc. -- . . ...

N ti ::I: !:E t4 t .

_ I -- IOnc. 1D;w. --

N IO nc. ...

ti I O IIC. .. ~

El ....

N .. N ... H t I

.. .- IJ N

N .-. El 16 nc.

N

- . :.J I J N ti I 4 N C

PI c I4 r: r' N N N N

i ' a. 3. '* i

I#:

I' 3 'lc.

I' 5 IC.

N .- I' 3 IIC.

P 3 (IC.

P 6 nc.

r I' 3 nc.

I' 5 a%.

i' 3 I.%.

N j Q - f i o r

r4

I' 6 w..

N

-

-.

14 -_. I4 -..

_ -

cn

P 2 nc.

P 6 w.

N c

I' 1.5 oc.

P 1.5 RC.

N

P

P 1.5 flc.

-.

r 5 w.

P 2 nr,.

N -1 0-fiik

I' 10 OC,

I' 5 Dc.

N -

tJ -...

tI -

vc

I' 2 w.

P 5 IIC.

N -- P lnc,

P 1 Dc.

N -- ..

N

P t Dc.

r G llc.

P 2 w,

P I C nc.

P 10 nc. h' -.

El -

I' I Ac.

I' 1 nc.

cc

P 2 Dc.

r 5 M.

P 1 nc.

P 1 w.

N - N -..

N

P 1 nc.

I' 5 nc.

I' 2 m.

P 10 w.

P I O nc.

I' 5 (IC.

N -.

I' 1 w.

I' 1 nc.

C

N - N - P I m.

P 1 nc.

N - N ..-

N

P 1 w.

N ....

N -.

t4 .-

N --

N -.-

tI -._

r' I m.

I' 1 nc.

M

N

N

N

N

--

-.

-

--

N -- N -.-

P

N -..

N . ... N

N

N

-.

.. .

.-

N

N

-

-

N - N ..-

E MSA( I )

N 2 Rc.

N 5ac.

N

N

-

-

- N - N 5 Dc.

N (4)

N.

N 5 nc.

N 2 nc. (4)

N I O m. (4)

N 10 (IC. (4)

N 5 w.

N I O nc. ( I )

.-

-

-

..-

-

.-

-

-

N -. .

N L.

Rc RA CR VR VC cc Districts

E. Retail and Consumer Sewice Uses

E l Retailshops (2)

E2 SewiceBusiness (2)

E3 Financial Establishment MLA (2)

E4 EatingPhca (2)

E5 Eating Place Drive-in (2)

E6 RepairShop M U (2)

E7 FuneralHome (2)

c LC PI

N N - - N - N N N - - - P P lac. 1 ac.

N - N N - -

N - N P N - 1 ac. - P P lac. 1 ac.

N - N N - - N - N P N

- lac. - N P N - lac. - N N N - - -

P P lac. 1 ac.

P N lac. -

P N 1 ac.

P N lac. -

P N 1 ac.

-

-

N - N -

N N - - N - N - N -

N N - - N - N - N - N N - - N - N N N - - - N

- N -

N N - - N - N P P - lac. lac.

N - N

-

E8 ,) Motel or Hotel

0 E9 Entertainment VI

-,-’ MA (2)

MLA (2)

N N N - - - N - N N 5 Bc. - -

N N N - - - N - N P P N - 1 ac. lac. - N P P N - lac. lac. -

N P P N - lac. lac. -

N N P N - - 1 ac, -

N N - -

E10 Outdoor Entertainment

E l l Tavern

E12 lumberyard

E13 Vetennary

E 14 Sewica Station

MLA (2)

(2)

(2)

(2)

(2)

N N N - - - N - N N - -

N - N N - -

N N N - - - N - P N

5 ac. - P P N 3 ac. 2ac. -

N N N - - -

N - N P P N 1 ac. lac. -

SE SE P N 1 ac. 1 ac. 1 ac. -

- N N - -

N - N N - - E15 Automobile Sales

E 16 Automobile Repair

E17 TNckSales

MLA (2)

M U (2)

(2)

Districts

E 18 Automobile Accessoriis (2)

E19 PadingLotorGarage MLA (2)

E20 Shopping Center MLA (2)

E21 Outdoor Motion Pidwe Establihment (2)

(2)

(2)

E22 Village Oriented Shop and stares

E23 Wateraaft RenW

F. Utility, Service and Transportah Use6

F1 Utilities M U (2)

(2)

(2)

MLA (2)

F2 Emergency Service

F3 Terminal

F4 Airport

G lndusbial uses

G1 Manufacturing

G2 Research

MLA (2)

MLA (2)

G3 Wholesale MLA (2)

G4 Printing (2)

G6 Contracting (2)

Rc

N -

RA CR

N N - -

VR vc N N - -

cc N -

C LC

P N 1 ac. -

P N lac. - P N 1oac. -

PI

P 5 ac.

P 5 ac.

N -

N N - - N N - - P 1 ac.

N -

N -

N - N N - - N N - - N 10 ac.

- N - N - N N - - N - P N

sac. - N -

N - N N - - N P - lac.

N -

N N - -

N - N - SE 10 Bc.

N N - - N N - -

SE 3 s

SE N 3ac. -

N - SE 10 ac.

P 3ac.

P .P 2ac. 1.5 ac.

P P 3 s 3ac.

N N - -

P P 1 Bc. lac.

P P 3 Bc. 3ac.

N N - -

P lac.

P N lac. - P

5 Bc. P 5 ac.

P 3ac. 5 ac.

N -

P 3ac.

N -

P 3ac.

N -

P N 3ac. -

N N - -

P 5ac.

P 5 ac.

N - SE 3ac.

SE N 2 s - N N - - N

- N N - - N

-

N N N - - N N - - N - N N - - P N 5 ac. -

N - N N - - N N - - N - N N - - P N

5 ac. - N - N N - - N N - - N

- N N - - P N 5 ac. - P N 5 ac. -

N - N N - - N N - - N - N N - -

N - N N - - N N - - N - N N

- - P N 5 ac. -

'Permitted as Special Exception in RC District only if proposed lot fronts on and Provides access to Route 32 (River Road), subiect to comoiiancn with nrntticinne -6 ,-,-A:- - - . - -

Districts Rc

N -

FtA

N -

CR

N -

VR vc N N - -

cc N -

C

N -

LC PI

P 5 ac.

E MSA(1)

N - N - N - N -

N - N - N -

N -

P 5 ac.

N - N N - - N - N - N

- N - N

- N - P

5 ac'

P 5ac.

P 5 ac.

N -

N -

N - N - N - N N - - N - N - N

- N -

N - N - N - N N - - N -

N - N - N -

N - N - N - N N - - N - N - N - SE

5 ac.

N - N - N - N N - - N -

N -

P -

N 5 ac.

N - N - N - N N - - N -

N - N -

P 10 Bc.

N 10 ac. -

P

P

P

P

P

SE

N

N

P

L,

P

P

P

SE

N

N

P

P

P P

P P

P P

SE SE

N N

N P

P P

P P

P

P

P

SE

P

P

P

N

H3 Residential Accessory Structure P

H4 Dormitory SE

Hs Outdoor Storage or Dispby N

H6 Temporary Sbudure or Use N

H7 Signs P

H8 f3edandBreakfast p,-/ , A >

(1) Minimum Site Area (2) Minimum Lot Area (3) (4) See Section 705

With Community Land Application System

Section 705

A. Agricultural Uses

Crop FarminglNursery

The growing, harvesting, storage and/or sale of field, truck and tree crops.

Greenhouse

The indoor raising of plants, shrubs and/or trees for sale and transplantation.

Parking: One (1) off-street parking space for each employee and one (1) off-street parking space for each one-hundred (1 00) square feet of gross area used or intended to be used for sewicing retail customers.

Animal Husbandry

The raising and/or keeping of livestock and/or poultry for gain and/or profit, subject to the following provisions:

4 b)

The minimum lot size shall be ten (10) acres in area.

Any building used for the raising or keeping of livestock or poultry shall be located no less than two-hundred (200) feet from any street line, dwelling or well, other than the owner's well, and not less than one-hundred (100) feet from the owner's well or any property line.

Mass production feeding (over five-hundred (500) head of livestock or five-thousand (5000) fowl) shall not be permitted without the specific sanction of the Federal Environmental Protection Agency.

c)

Kennel

Any lot on which animals are kept, boarded, or trained for fee, whether or not in special buildings or tuns, including, but not limited to dog and cat kennels, provided:

a)

b)

c)

Minimum lot size shall not be less than five (5) acres.

No animal shelter or run shall be located less than two hundred (200) feet from any lot line.

A buffer yard of fifteen (15) feet shall be required and be in accordance with Section 904.

Parking: One (1) off-street parking space for each employee plus one (1) off-street parking space for each four (4) animals in capacity.

38

i

e

a

Stable

Any lot on which horses are kept, boarded or trained for a fee, whether in special buildings or not, horse stables, or riding academies, provided:

a) Minimum lot site shall not be less than f i e (5) acres.

No animal shelter or stable shall be located less than two hundred (200) feet from any lot line.

b)

Parking: One (1) off-street parking space for each employee plus one (1) off-street parking space for each four (4) animals in capacity.

Forestry

Any use including commercial logging operations, clearing, or destruction of forested or wooded areas as defined in Section 217, selective cutting or clearing purposes, or clearing of vegetation in reserved open space or resource protection areas. This does not include authorized clearing in accordance with plans approved pursuant to this Ordinance, nor removal of sick or dead trees, or removal of trees in non-deed restricted areas on occupied lots of one (1) acre or less. This use is permitted as a special exception in RA and RC zoning districts, subject tathe following conditions:

Clearcutting of all vegetation shall not exceed areas of more than or more than twenty (20) percent of the forest,

whichever is less, except where pursuant to a state forestry cutting program or where class I, II, or 111 agricultural soils are to be converted to agricuttural uses.

A reforestation program shall be submitted which shall show a program for re-establishment of the forest on a sustained-yield basis, except where clearing is for agriarttural use as in (a) above.

For commercial uses, a long-range cutting program to ensure that the forest is retained as an entity during the entire program. Such a program shall indicate the condition of the forest on a map showing:

(0 adjoining lands and owners: (ii) (iii)

For clearing purposes, the proposed future use must be stated if any is identified.

All plans shall show how the general, habitat and visual block of all forest is to be maintained so that the forest retains its visual and habitat qualities at all stages of the long-range cutting plan.

Post a bond to ensure reforestation..

Sign an agreement to be recorded that no cutting or clearing shall be considered to reduce the area of forest for any development, proposed or not, pursuant to the provisions of Section 802.

a) b\w) OhCGwk.-fkGSmms

b)

c)

the year of each cutting and reforestation: species of trees in reforestation.

d)

e)

f)

9)

39

6. Residential Uses

(61) Single-Family Detached Dwellings

Single-family detached dwellings on individual lots with no public or community open space. Such dwellings may be constructed on-site or delivered to the site for assembly. Single-family detached dwellings may include prefabricated dwellings, manufactured dwellings, modular dwellings and mobile homes subject to the following provisions:

All single-family dwellings shall be on concrete or masonry footings at least one (1) foot below the frost line.

a)

b)

c)

Dwellings shall be securely attached to the footings.

If the dwelling is a mobile home, the following conditions shall also apply:

(1) No more than one (1) mobile home shall be placed on a single parcel, and such mobile home shall be occupied by not more than a single-family:

(2) Each mobile home shall have installed in it a minimum of six (6) tiedown rings to which the mobile home shall be secured;

(3) The area between the ground level and the perimeter of the mobile home shall be enclosed by means of wood or aluminum skirting or other similar material.

Parking: One (1) parking space per bedroom with a minimum of two (2) ' off -street spaces per dwelling unit.

(62) Conversion

One-family dwellings or pre-existing other buildings converted for occupancy by not more than two tamlies subject to the following:

a) The lot area per family shall not be reduCed thereby to less than that required for the district in which such lot is situated, except, however, when both bt and building@) predate the adoption of the zoning ordinance in Tinicum Township, the minimum area requirements may be waived.

b) Table of Dimensional Requirements:

Efficiency 1 bedroom 2 bedroom 3 bedroom 4 bedroom

500 square feet 655 square feet 950 square feet

1 125 square feet 1330 square feet

c) Stairways heading to the second or any higher floor shall be located within the walls of the building wherever practical, and stairways and fire escapes shall otherwise be located on the rear

40

a

a

wall in preference to either side wall and in no case on a front wall or side wall facing a street.

Except as may be necessary for purposes of safety in accordance with the preceding paragraph, there shall be no major structural change in the exterior of the building in connection with the conversion, and after conversion the building shall retain substantially the same structural appearance it had before construction.

d)

(e) In a District wher only Single-Family Dwellings are permitted, a conversion shall not resuh in more than a total of two dwelling units for the property without appropriate subdivision.

Parking: One (1) off-street space per bedroom with a minimum of two (2) off-street spaces per dwelling unit.

(83) Rooming House

A dwelling used for the housing of roomers, boarders, or lodgers with or without common-eating facilities, including dormitories, fraternity or sorority houses, or other buildings of charitable, educational, or philanthropic use, subject to the following provisions:

The minimum lot area shall be increased by a minimum of two- thousand (2,000) square feet per sleeping room.

a)

b) Conversion of an existing building for rooming house or dormitory purposes shall meet the applicable provisions of Use 82.

c)

d)

e)

Parking: One (1) off-street space per sleeping room.

Lot dimensions shall be as specified for Use B1.

The minimum density shall be five (5) sleeping rooms per acre.

Each sleeping room shall be limited to one (1) bed.

(84) Dwelling in Combination

Dwelling in combination with an existing or permitted off ice or commercial use, provided the lot and parking requirements for the non-residential use are met in addition to the following requirements:

a) Table of Dimensional Requirements

Efficiency 1 bedroom 2 bedroom 3 bedroom 4 bedroom

500 square feet 655 square feet 950 square feet

1 1 25 square feet 1330 square feet

b) The maximum density shall be four (4) units per acre.

41

I 1

The lot area shall be increased by ten-thousand (10,000) square feet per dwelling unit beyond the minimum requirements for the non-residential use.

c)

d) There shall be a maximum of four (4) dwelling units per lot.


Single-Family Detached Cluster

Single-family detached dwellings on individual lots clustered to preserve. common open space. This use is permitted on tracts of ten (10) or more acres only.

Parking: One (1) off-street space per bedroom with a minimum of two (2) off -street spaces per dwelling unit.

A subdivision that permits a variety of housing types subject to a series of performance standards, see Article IV. The performance subdivision requires the provision of open space and limits density and impervious surfaces. The following housing types are permitted, subject to Article IV and the dimensional requirements as indicated below. This use is permitted on tracts of twenty (20) or more acres only.

A mix of dwelling unit types is desirable to promote a balanced community. A mix is therefore required based on the number of dwelling units as shown in the accompanying table. \

I

le of Dwelllna Unlt W

Cr Required No. Maximum YO Minimum Yo No. of Dwelling Units ~~ a n a u cn D e v m

1 100 28 1 - 49 2 60 15 50 - 99 3 40 10 100 - 299

\ \ I I i

4 40 5 300 - ormore

4 Single-Family Detached

(1) A single-family residence on an individual lot with private yards on all four sides of the house. Single-family detached dwellings may include prefabricated dwellings, manufactured dwellings, modular dwellings and mobile homes subject to the provisions delineated under use (61 1.

(2) Table of Dimensional Requirements

lot area minimm 8,000 sq. 11.

maximum building coverage .30 minimum yards: front - 35', rear - 1 O', rear - 40' minimum lot width at setback lines 70'

lot area average 10,000 sq. ft.

42

I

a ~ !


b) Single-Family Detached Off Center

(1) A single-family residence on an individual lot with the building set close to one side property line. The one side yard may be reduced to five (5) feet provided there are no windows in the side of the building with the reduced side yard; and, the other side yard shall be no less than fifteen (1 5) feet.

(2) Table of Di nsional Requirements

7,000 sq. ft. lo tee minimum lot area average 8,000 sq. ft. maximum building coverage .30 minimum yards: front - 20, rear - 35' minimum lot width at setback lines 60'

(318

Parking: One (1) off -street space per bedroom with a minimum of two (2) off-street spaces per dwelling unit.

Village House

(1) The village house is a single-family detached house on a separate lot. It differs from other forms of single-family detached housing in its lot size and its placement on the lot. It is similar to houses found in the historic villages and towns. The house is placed very close to the street and is additionally distinguished from other single-family houses by planting or architectural treatments. Each unit shall meet two or more of the following characteristics:

Two (2) canopy trees per lot, or three (3). flowering trees per lot.

(9 (ii) An unenclosed porch, running across at least

3/4 of the house front, being at least seven (7) feet in width.

(8) A front yard raised above sidewalk grade by at least thirty (30) inches and a retaining wall of at least eighteen (18) inches at the sidewalk line.

(iv) A front yard enclosed by a wall or fence of permanent construction at least thirty (30) inches in height and one (1) flowering shrub per sixty (60) inches across the width of the front of the house. Intensive planting of one (1) shade tree, one (1) flowering shrub per ninety (90) inches across the width of the side of the house facing the street.

inches on center for width of yard facing street and two (2) flowering trees.

(v)

(vi) Hedge yard, shrubs planted eighteen (la),-

' 0

43


lot area minimum 6,200 sq. ft. (4 Br or more)

lot area average 6,000 sq. ft. (3 Br or less) 6,600 sq. ft. (4 Br or more)

minimum setbacks: house - street 15 ft. one other side 30 ft.

garage-st reet 25 ft.

rear yard 30 11. minimum lot width at setback (3 Br or less) 50 ft.

(4 Br or less) 55 11. canopy trees 1 34" - 2" caliper flowering trees 1 1/2" - 1 3/4" caliper flowering shtubs (flowering

shrubs or evergreens or 24" height spreading varieties) 18" diameter

hedge shrubs 30" height


5,600 sq. ft. (3 Br or less) I I l

remaining side 5 ft.

side yard 5 ft.

(1) A duplex is a single-family semi-detached dwelling unit having only one (1) wall in common with another dwelling unit.


lot area minimum 4,000 sq. ft. (3 Br or less) 4,200 sq. ft. (4 Br or more)

lot area average 4,500 sq. ft. (3 Br or less) 4,700 sq. R. (4 Br or more)

maximum building coverage .35 building setback line 30 ft.

minimum lot width at setback

minimum side yard 10 ft. minimum rear yard 20 ft.

40 ft. (3 Br or less) 45 ft. (4 Br or more)


e) Patio House

(1) The patio house is a single-family detached or semi- detached unit, with one (1) dwelling unit from ground to roof having individual outside access. The lot shall be fully enclosed by a wall four to six (4-6) feet in height. All living spaces, i.e., living rooms, dens, and bedrooms, shall open onto a major open area or patio.

44


lot area minimum (for bldg.) 8,000 b t area minimum per DU 800

2,500 2,700

lot area average per DU 1,000 2,800 3,000

maximum building coverage .30 minimum setback line - roads 30

minimum rear yard minimum building spacing minimum lot width

maximum height

parking area 20

(for building) at setback line 80

lot area minimum 3,800 sq. ft. (3 Br or less) 4,000 sq. 11. (4 Br or more)

lot area average 4,000 sq. ft. (3 Br or less) 4,200 sq. ft. (4 Br or more)

maximum building coverage $35 minimum lot width at setback 40 ft. (3 Br or less)

45 ft. (4 Br or more) minimum patio area .65 maximum building height 24 ft. minimum patio dimension 20 11. minimum setback

for wall or structure 15 ft.


Definitions: patip - area surrounding the house that is enclosed by walls for privacy.

- the minimum area of a lot that must be a patio. Determined by multiplying the building coverage by the patio area percentage (.65).

. .

9 Multiplex

(1) The multiplex is an attached dwelling. It may be single- family attached or multi-family. In general, all units have independent outside access: but this is not necessary. Units may be arranged in a variety of configurations: side by side, back to back, or vertically. The essential feature is the small number of units attached. No more than five (5) units shall be attached in any structure, and structures shall average four i4) units each.


sq. ft. sq. ft.efficiency sq.R.1 Br-3Br sq. ft. 4 Br or more sq. ft. efficiency sq. ft. 3 Br or less sq. ft. 4 Br or more

ft. ft. 20 ft. 24 ft.

ft. 3 stories


45

g) Atrium House

(1) The atrium house is a single-family, attached, one-story dwelling unit with individual outside access. The lot shall be fully enclosed by a wall at least seven (7) feet high. A private yard, herein called an atrium, shall be included on each lot. All living spaces, Le., living rooms, dens and bedrooms, shall open onto the atrium.


lot area minimum 1,950 sq. ft. 3 Br or less 2,150 sq. ft.4 Br or more

lot area average 2,100 sq. ft. 3 Br or less 2,300 sq. ft. 4 Br or more

minimum bt width 40 11. maximum building coverage .65 minimum atrium area .35 maximum heigM 12 ft. minimum atrium dimension 16 ft. minimum setback for wall

or structure 15 ft.

Parking: Two (2) off -street spaces per dwelling unit.

Definitions: atrium - small private area surrounded by the house and walls.

-the minimum area of a lot that must be an atrium. Determined by multiplying the building coverage by the atrium area percentage (.35).

. .

h) Weak-link townhouse

(1) The weak-link townhouse is a single-family attached dwelling, having individual outside access, with one dwelling unit from ground to roof. Each dwelling shall consist of a one-story portion and a two-story portion, with the one-story portion occupying a required portion of the minimum lot frontage. A row of attached dwellings shall not exceed five (5) dwelling units.

(2) Table of Dimensional Requirements:

lot area minimum 2,800 sq. ft. 3 Bror less

lot area average 3,000 sq. ft. 3 Br or less

minimum lot width 30 ft. 3 Br or less

minimum width 1-story 10 ft. 3 Br or less

building coverage:

3,200 sq. ft. 4Brormore

3,400 sq. 11. 4 Br or more

34 ft. 4 Br or more

12 ft. 4 Br or more

without garage .4 with 1 car garage .5 with 2 car garage .6

46

minimum building setback: street 15 11. parking area 10 11. pedestrian walkway 5 11.

minimum rear yard 20 ft. minimum building spacing 30 11.


9 Townhouse

(1) The townhouse is a single-family attached dwelling unit from ground to roof, having individual outside access. A row of attached townhouses shall not exceed eight (8) dwelling units.


lot area minimum 1,900 2,000

lot area average 2,000 2,200

minimum b t width 22 24

maximum building coverage S O minimum building setback:

street 30 minimum rear yard 20

sq. ft. 3Brorless sq. ft. 4Brormore sq. 11. 3 Br or less sq. ft. 4Brormore ft. 3 Br or less ft. 4 Br or more

ft. 11.


D Garden Apartments

(1) Garden apartments are multi-family buildings where individual dwelling units share a m m n outside access. They also share a common yard area, which is the sum of the required lot areas of all dwelling units’ within the building. Garden apartments shall contain three or more dwellings in a single structure.


Efficiency 1 BR 2 BR-------_-- 3 BR 4 BR

A-rage Apt.

500 655 950 1125 1330

Minknum Lol Area

i w L Q u w 1300 1750 2000

v 2250 2500

47

a

Maximum Impervious Surface Ratio (on-lot) Minimum lot size Minimum lot width Minimum Building Setback Line: front

side P*nS

rear Maximum Number of Units per Building Maximum Building Coverage Minimum Building Spacing Maximum Building Height

.80

200 feet 50 feet 30 feet 40 feet 50 feet

16 .2!5

50 feet 50 feet


k) Village-oriented shops and stores

Including corner grocery (as distinct from a supermarket), drug store, stationeq- store, soda-fountain, luncheonette, bahershop, and beauty parlor. This use shall not include stores in excess of two-thousand (2,000) square feet of floor area subject to the following provisions:

(1) Shall not be permitted in developments containing less than one-hundred (1 00) dwelling units.

(2) No more than three (3) percent of the site area shall be devebped as village oriented shops or stores.

(3) Dimensional Requirements:

Minimumk# Miiimumbt Maximum Minimum area Wmat Impervious yards(ft.)

Setbad< Surface FmrtSideRear Ratio

1 acre 200 11. .a 3 5 2 0 5 0

A fifteen (15) foot buffer yard shall be required. Buffer yards shall comply with Section 904.

Lighting on pole fixtures shall not exceed ten (10) feet in height. The source of illumination shall be recessed and shielded within the fixture itself and shall not exceed an average of one hall (112) foot candle.

Signs shall not exceed twelve (12) square feet per frontage. One sign is permitted per frontage. Wall or projecting signs shall be permitted, however, free standing signs are not permitted. All such signs shall be indirectly illuminated by a white light not exceeding one and one half (1.5) foot candle.

Outdoor collection stations shall be provided for garbage and trash removal. These stations shall be located to the rear of the structure and shall be screened from view and landscaped.

48 I

a

(8) Parking: One (1) off-street parking space for each one- hundred (100) square feet of gross floor area used or intended to be used for servicing customers, plus one (1) additional space for every full time employee. Parking shall not be located between a building and a street unless authorized by the Zoning Hearing Board, where the restriction against such use is clearly impractical.

(87) Cottage Development or Private Camp

A tract of land and buildings or structures planned as a whole for seasonal use, comprising two or more cottages and other related buildings: also includes privately operated camps for boys or girls using two (2) or more cottages for shelter or sleeping purposes. Provided:

a)

9

The main use of the proposed development shall be seasonal, that is for periodic use over a limited number of months during particular seasons of the year, and no occupant shall be permitted to remain for a total period exceeding one-hundred- twenty (1 20) days during any one (1) calendar year.

Sewage disposal methods shall conform with recommendations of the Bucks County Department of Health for su6surface or land application system.

The maximum overall density shall not exceed one (1 ) cottage for every two (2) acres.

Completely detached buildi-;;$s or structures on the same lot shall not be less than twenty (20) feet from one another.

Adequate measures to prevent noise and other noxious influences from disturbing nearby residential properties, shall be taken.

No mobile homes as defined in Section 224 and no recreational vehicles as defined in Section 705(C14) shall be permitted as part of a cottage development or private camp as defined herein.

The minimum b t area for any such development shall be ten (1 0) acres.

(88) Life Care Facility

A life care facility is a form of residential use designed and operated exclusively for mature adults, of fifty-five (55) years of age or over, containing certain support facilities specifically designed for these individuals. This use is subject to the following restrictions:

Minimum lot size: ten (1 0) acres, minimum yards: front yard - 50 feet side yard - 50 feet each rear yard - 50 feet

eight (8) bedrooms per acre.

a)

Maximum Density:

I . I 49

Density may be increased to ten (10) bedrooms per acre if twenty-five (25) percent of the units are subsidized for low and moderate income. Densities may be increased to twelve (1 2) bedrooms per acre if fifty (50) percent of the units are subsidized for low and moderate income groups.

Maximum Impervious Surface Ratio:

8 bedrooms per acre - .25 10 bedrooms per aae - .36 12 bedrooms per aae - .45

Maximum Height - 3 stores or 35 feet

b) Support Facilities

(1) Retail Facilities for use of residents and their guests only, no outside advertising is permitted.

Retail Facilities are limited to the following uses:

barber shop beauty parlor pharmacy (as an adjund to the

commissary newsstand gift shop snack barlcoffee shop thrift shop handicraft shop

lifecare nursing facility)

The life-care retail facilities may occupy no more than one-tenth of one percent (.l%) of the total f loor area.

Life-Care Nursing Facility - This facility shall be designed for the temporary and long-term care of the residents of the life-care facility. Long-term nursing beds within this facility shall not exceed one (1) bed per three (3) dwelling units and two (2) beds shall be equivalent to one (1) bedroom in the determination of density.

(2)

(3) Other support facilities include, but are not limited to, lounge areas, reading rooms, craft rooms, common dining facilities and recreational rooms.

Open Space and Passive Recreation Area - At least fifty percent (50°/o) of the site area must be maintained as open space which shall not include detention basins, parking lots, accessory buildings or any impervious surfaces except those used for recreational purposes. At least twenty percent (20%) of the site, which may be considered part of the open space, shall be developed for passive recreation. This area shall include outdoor sitting areas and pedestrian walks. No outdoor sitting areas shall be located on land subject to flooding or on slopes in excess of five (5%) percent.

c)

50

I

! d) Off-street Parking - There must be .85 off-street parking spaces

per bedroom in addition to one (1) off-street parking space for each employee on the largest shift. All parking lots shall be located to the side and rear of the building as it faces the street.

Fire Protection - All rooms in the lifecare facillty shall be provided with sprinkler systems for fire protection and shall contain and be served by wet charged stand pipes to the top floor.

Location to Service - Due to the dependence of the elderly on alternate means of transportation and the need for acquiring access to primary services, a life-care facility must be located within a quarter of a mile to the following services:

e)

f)

post off ice barber shop drug store house of worship regional shopping center public transportation grocery store movie house dry cleaner bank . restaurant library beauty parlor

If this is not possible, the developer of a life-care facility shall submit to the municipality a transportation plan which shall outline a transportation service for the residents of the life-care facility, to be provided by the owner or manager, providing access to these services at reasonable intervals. This plan must be approved by the municipality as a condition for approval of use.

g)

h)

Approved water and sewer facilities are required.

Safety Features - It is necessary in the design and development of a life-care center, that the safety and physical capabilities of the future residents be considered. The design features of the life- care center shall be such that potentially dangerous situations are minimized and the independence and mobility of the residents maximized. The following safety features shall be incorporated into the design of the life-care center as a condition of approval. The developer will be required to submit architectural drawings to the municipality and to the Department of Licensing and Inspection to ensure that this is the case.

(1)

(2)

(3)

Handle type spigots and doorknobs.

Showers designed for wheelchairs, in place of tubs in at least thirty (30) percent of the units.

Non-skid surfaces in tubs and showers.

(4) All floors shall be non-skid.

(5) Control of water temperature to avoid accidental sca Id ing .

(6) Flush door entrances for easy wheelchair access.

51

(7) Emergency signal systems in bathrooms and bedrooms connected with either an adjacent apartment or central office.

(8) There shall be grab bars around all toilets and tubs, in . addition, all grab bars and towel racks shall be made of

non-corrosive metal and be able to withstand up to 250 pounds .

(9)

(1 0)

All cooking stoves shall be electric.

Stove burner controls shall be located in the front.

(11) Electric outlets shall be located at levels at least 24 inches above the floor.

(12) All light fixtures shall be located on the walls at convenient levels, to avoid accidents that might otherwise occur in the repair of ceiling fixtures.

There shall be ramps or elevators in addition to stairs.

All elevators shall have slow closing doors with sensitive re-opening mechanisms.

Hand rails shall be provided along all steps, hallways, ramps and sloped walks, both indoors and outdoors.

(1 3)

(1 4)

(15)

i) A traffic impact and water feasibility study shall be required. See Section 1508.

A fifty (50) foot buffer yard shall be required. The buffer yard must comply with Section 904.

D

(69) Mobile Home Parks

A parcel of land under single ownership which has been planned and improved for the placement of mobile homes for dwelling or sleeping purposes and for non-transient use, provided:

a)

b)

Minimm bt size for a mobile home park is fifteen (15) acres.

No mobile home shall be erected on a mobile home lot except upon a mobile home pad. Each mobile unit shall have its own separate pad. Each mobile home pad shall be at least equal in length and width to the dimensions of the mobile home to be placed thereon.

c) Each mobile home shall be placed on a concrete slab of at least the same length and width as the mobile home, with a minimum thickness of six (6) inches, and shall have installed in it a minimum of six (6) tie-down rings to which the mobile home shall be secured. Pads shall be on footings at least one (1) foot below the frost line.

d) Buffer yards shall be fifty (50) feet minimum where the mobile home park adjoins an existing street, and one-hundred (100) feet elsewhere. Buffer yards shall conform to Section 904 (f).

52

e)

f) Dimensional Requirements

A minimum of thirty (30) percent of the base site area shall be reserved for open space.

Minimum Minimum lot Maximum impervious Minimum Yards Minimum lot area width at bldg. surfaces on lot distances (sq. ft.) setback (ft.) front side rear between

units (ft.)

Single-wide Units 51' 4800 45 .35 20 5 15 30

Single-wide Units 61' 5250 45 .35 20 5 15 30

Dou ble-wide Units 7000 60 .35 30 5 15 30

General: Off-street parking: one (1) off-street space per bedroom with a

g) The minimum number of spaces completed and ready for occupancy before the first occupancy is permitted shall be nine (9).

minimum of two (2) off-street spaces per bedroom.

h)

0

Community land application sewage systems shall be required.

The maximum permitted density shall be four (4) dwelling units (D.U.) per acre of the net buildable site area.

The area between ground level and the perimeter of the mobile home shall be enclosed by means of wood or aluminum skirting or other similar material.

D

The mobile home park shall have frontage on and take access from South Park Road.

k)

(B 1 0) Full Care Facilii

A full care facility is a form of residential use designed and operated exclusively for individuals requiring skilled full time care. Educational facilities may be an accessory use.

Minimum Lot Site: a) ten (1 0) acres, minimum yards: front yard - 50 feet side yards - 50 feet each rear yard - 50 feet eight (8) bedrooms per acre 3 stones or 35 feet

Maximum Density: Maximum Height:

Open Space and Passive Recreational Area - At least fifty (50) percent of the site area must be maintained as open space which shall not include detention basins, parking lots, accessory buildings or any impervious surfaces except those used for recreational purposes. At least twenty (20) percent of the Site, which may he considered part of the open space, shall be

b)

53

C.

developed for passive recreation. This area shall include outdoor sitting areas and pedestrian walks. No outdoor sitting area shall be IWated in areas subject to flooding or on slopes in excess of five (5) percent.

Off-street Parking - There must be .85 off-street parking spaces per bedroom in addition to one (1) off-street parking space for each employee on the largest shift. All parking lots shall be located to the side and rear of the building as it faces the street.

Fire Protection - All rooms shall be provided with sprinkler systems for fire protection and shall contain and be served by wet charged stand pipes to the top floor.

Approved water and sewer facilities are required.

A traffic impact and water feasibility study shall be required. See Section 1508.

c)

d)

e)

r)

g) A fifty (50) foot buffer yard shall be required. The buffer yard must comply with Section 904.

Institutional and Recreational Uses

(Cl) Place of Worship

Place of religious worship, provided that the following requirements arg met:

a) Mininum b t sue shall be not less than two (2) acres.

All buildings shall be not less than one-hundred (100) feet from any b t line.

b)

Parking: One (1) off-street parking space for each two (2) seats provided for patron use, or at least one (1) off-street parking space for each twenty- five (25) square feet of gross floor area used or intended to be used for service to patrons, guests or members, whichever requires the greater number of off-street parking spaces, plus one (1) additional space for each full-time employee.

(C2) School

Religious, sectarian or non-sectarian, denominational private school or public school which is not conducted as a private gainful business. Minimum b t size shall be nat less than five (5) acres.

Parking: Kindergarten - one (1) off-street parking space for each faculty member and employee plus two (2) additional spaces per classroom.

Elementary School - one (1) off-street parking space for each faculty member and employee plus one (1) space per two (2) classrooms and off ices.

Senior High School - one (1) off-street parking space per faculty member and employee plus one (1) space per ten (10) students of projected building capacity.

’

54


Section 705 Use Reaulations

8. Residential Uses

9) A fifty (50) foot buffer yard shall be required. The buffer yard must comply with Section 904.

(Bl l ) VillageAiamlet Option

The Village Hamlet Option may apply, provided the following conditions a re met:

Q

The lot(s) to be developed shall be located within o n e (1) of the six (6) Villages o r Hamlets shown in Figure 14 of the Tinicum Township Comprehensive Plan, Community Activity Centers (map), which depicts the Villages and Hamlets of Tinicum Township.

The Villages and Hamlets of Ottsville, Point Pleasant, Uhlerstown, Erwinna, Smithtown, and Wormansville, shown on Figure 13 of the Tinicum Township Comprehensive Plan, Historic Sites (map) depicts t he boundaries of the six (6) Villages and Hamlets.

lnfill development in the VillagedHamlets shall emulate the average lot area, lot width, building setbacks, lot coverage, and building coverage of the existing Villages/Hamlets.

Proposed buildings shall emulate the character of existing buildings in terms of building size, building height, vertical proportion, front porches, detached garages, fencing, and landscaping.

College and Junior College - one (1) off-street parking space per faculty member and employee plus one (1) off-street parking space for each three (3) non-resident students, plus one (1) space per five (5) resident students if the latter are permitted to have cars, or one (1) off- street space for each ten ( I O ) auditorium seats, whichever requires the greater number of off-street parking spaces.

(C3) Commercial School

Trade or professional school, music or dancing school.

Parking: One (1) off-street parking space per faculty member and employee, plus one (1) space per three (3) non-resident students, plus one (1) space per five (5) resident students if the latter are permitted to have cars.

(C4) Library or Museum

Library or Museum, open to the public or connected with a permitted educational use, and not conducted as a private gainful business.

Parking: One (1) space per five (5) seats or one (1) space per two- hundred-fifty (250) square feet of gross floor area where no seats are provided.

(C5) Recreational Facility

Recreational facility or park; owned or operated by the municipality or other governmental agency.

Parking: One (1) off-street parking space for each five (5) persons of total capacity.

(C6) Private Recreational Facilii

A recreational facility owned or operated by a non-governmental agency, subject to the following provisions:

a)

b)

c)

A minimum lot size of five (5) acres is required.

The use shall not be conducted as a private gainful business, nor shall it permit amusement parks, wild animal parks or zoos.

No outdoor active recreation area shall be located nearer to any lot line than one-hundred (100) feet.

d) Outdoor play areas shall be sufficiently screened and insulated so as to protect the neighborhood from inappropriate noise and other disturbances.

Parking: One (1) off-street parking space for each five (5) persons of total capacity, or at least one (1) off-street parking space for each fifty (50) square feet of gross floor area used or intended to be used for service to customers, patrons, clients, guests or members, whichever requires the greater number of off-street parking spaces, plus one (1) additional space for each full-time employee.

5 5

Golf course (not including miniature gotf course), including club house, >es<aurant and other accessory uses, provided these are clearly accessible to the golf course, subject to the following provisions: \

a) L O T

Regulat&bl8 hole 6000-7000 yards in length - 130 acres Executive 'ig+ole 3000-4000 yards in length - 60 acres

line.

(C8) Private Club

Private club or lodge other than Use C6, subject to the fohbwing additional provisions:

a) The use shall not be conducted as a private gainful business.

The use shall be for their members and their authorized guests only.

b)

Parking: One (1) off-street space for every five (5) members of total capacity, or at least one (1) off-street parking space for each fifty (50) square feet of gross floor area used or intended to be used for service to customers, patrons, clients, guests, or members, whichever requires the greater number of off-street parking spaces, plus one (1) additional space for each full-time employee.

(C9) Community Center

Community center, adult education center, or other similar facility operated by an educational, philanthropic, or religious institution, subject to the following additional provisions:

a) The use shall not be conducted as a private gainful business.

No outdoor recreation area shall be located nearer to any lot line than one-hundred (1 00) feet.

A minimum lot size of five (5) acres.

b)

c)

Paking: One (1) off-street parking space for each four (4) seats provided for patron use; or at least one (1) off-street parking space for each fifty (50) square feet of gross floor area used or intended to be used for service to customers, patrons, clients, guests, or members, whichever requires the greater number of off-street parking spaces, plus one (1) additional space for each full-time employee.

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4

I 1 I I I 1 I I I

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(ClO) Day Care Center

A facility which provides out-of-home care for part of a 24-hour day to children under 16 years of age, excluding care provided by relatives. In addition, a day care center is a facility in which care is provided for seven (7) or more children at any one time where the child care areas are not being used as a family residence.

4 Licensing, Approval and Permit Procedures

Prior to final approval of this use by the Board of Supervisors and the granting of a permit by the Zoning Officer, the applicant must obtain a license from the Department of Public Welfare, Bureau of Child Development Programs. Licensure is certification of compliance with Chapter II, Section 8A of the Oepartment of Public Welfare's Social Services manual by this Department to the applicant, subject to licensure under Article X of the Public Welfare Code.

b) Standards

All day care centers shall be subject to the following provisions:

(1) Bulk Requirements Minimum Lot Area 2 acres Minimum Lot Width 100 feet Minimum Side Yard 20 feet each Minimum Rear Yard 35 feet

(2) An outdoor play area shall be provided. This area shall be fully enclosed by a four (4) foot high unclimbable fence and shall be located to the side or rear of the lot. The minimum required areas of such an outdoor recreational facility shall be as folbws:

7 - 25 children 112 acre -- 26 - 50 children 1 acre

51 - 75 children 1 112 acres 76 and over 2 acres

One (1) off-street parking space is required per employee or volunteer, in addition to one (1) space per six (6) children receiving day care.

(3)

(Cll) Hospital

An establishment, licensed by the American Hospital Association, which provides health services primarity for inpatient medical or surgical care of the sick or injured, including related facilities, such as laboratories, out- patient departments, training facilities, central service facilities, and staff offices as an integral part of the establishment. A hospital is subject to the following additional provisions:

4 A lot area of not less than ten (1 0) acres shall be required.

b) Any such establishment providing convalescent care or care for the chronically sick shall provide: An additional lot area of not less than one-thousand (1,000) square feet per bed in use for such

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long-term care. For the purpose of this Ordinance a long-term care shall mean care in excess of one (1) month.

Where adjoining existing residential uses, buffer planting shall be provided in a twenty-five (25) foot buffer yard. Care shall be taken to locate emergency and service entrances where they are not offensive to adjoining neighbors.

Such use shall be from major collector or arterial highways only.

c)

d)

Parking: One (1) off-street parking space for each patient or inmate bed; plus at least one (1) additional off-street parking space for every two (2) staff and visiting doctors, plus one (1) additional space for every two (2) employees.

(C12) Nursing Home

Licensed nursing or convalescent home, subject to the following additional provisions:

A lot of not less than ten (1 0) acres plus one-thousand (1,000) square feet additional for each resident person over forty (40) in number.

a)

Parking: One (1) off-street parking space for every two (2) patient or inmate beds, plus at least one (1) additional off-street parking space for every two (2) staff and visiting doctors; plus one (1) additional parking space for every two (2) employees.

(C13) Cemetery

A burial place or graveyard including mausoleum, crematory, or columbarium.

a)

b)

Minimum b t size - f i e (5) acres.

Lot coverage for Accessory Buildings and Parking Facilities - No more than ten (10) percent to a maximum of five (5) acres, may be devoted to above-ground buildings or impervious surfaces not serving as burial markers or memorials.

Parking: One (1) off-street parking space for each employee and one (1) off-street space for each four (4) visitors in total capacity of mausoleum, crematory or columbarium.

(C14) Recreational Camping Park

A b t upon which two (2) or more campsites are located, established, or maintained for occupancy as temporary living quarters for recreation or vacation purposes.

a) Definitions

(1) Recreational Vehicle: A vehicular type unit primarily designed as temporary living quarters for recreational camping or travel use, which either has its own power or is mounted on or drawn by another vehicle. The basic

sa

entities are: travel trailer, camping trailer, truck camper, and motor home.

(2) Campsite: A plot of ground within a recreational vehicle park intended for the accommodation of either a recreational vehicle, tent, or other individual camping unit on a temporary basis.

Temporary basis: Campsites shall be rented by the day, week or month only and occupants of such sites shall remain in the same recreational vehicle park not more than ninety (90) days per year.

This use is subject to the following conditions:

(3)

The minimum site area shall be ten (10) acres.

The maximum net density permitted is ten (1 0) campsites per acre.

The minimum campsite size shall be one-thousand-four- hundred (1,400) square feet.

Required Separation Between Trailers: Trailers shall be separated from each other and from other structures by at least ten (10) feet. Any accessory structure such as attached awnings, carports, or individual storage facilities shall, for purposes of this separation requirement, be considered to be part of the trailer.

Each site shall contain a stabilized vehicular parking pad of gravel, crushed stone, paving, or other suitable material. No part of a travel trailer or other unit placed on a travel trailer or campground site shall be closer than five (5) feet to a campsite line.

A minimum of forty (40) percent of the site shall be kept in open space.

A specific recommendation from the Bucks County Department of Health is required on whether centralized sewage requirements shall be met or other means of sewage disposal consistent with Bucks County Department of Health regulations, are satisfactory.

Buffer yards shall be fifty (50) feet minimum where the recreational vehicle park adjoins an existing street and one-hundred (1 00) feet elsewhere. Buffer yards shall conform to Section 904(f).

All recreational vehicle parks shall conform to Section 801 Site Capacity Calculations.

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D. Office Use

(Dl) Medical Off'ke

Office or clinic for medical or dental examination or treatment of persons as out-patients, including laboratories incidental thereto.

Parking: Six (6) off-street parking spaces per doctor plus one (1) additional space per each employee.

(D2) Office

Business, professional, or government off ice.

Parking: One (1) off-street parking space for each two-hundred (200) square feet of gross floor area plus one (1) additional space for each full- time employee.

E. Retail and Consumer Service Uses

Retail Stores

Retail shops and stores selling antiques, apparel, books, confections, drugs, drygoods, flowers, foodstuffs, furniture, gifts, hardware, toys, house hold appliances, jewelry, not ions, periodicals, shoes, st at ione ry , tobacco, paint, records, cards, novelties, hobby and art supplies, music, luggage, sporting goods, pets, floor covering, garden supplies, house plants and fabrics. The provisions of this Section shall include the craftsman and artisan operating within the definition of a small business, if the nature and scale of the business is similar to the uses listed under retail shops. Also included within this use shall be the sale of soft drinks, beer, alcoholic beverages in sealed containers not for consumption on premises, and wood or wood products as long as it is incidental to the other uses.

Parking: One (1) off-street parking space for each full-time employee, plus one (1) additional space for each one-hundred (100) square feet of gross area used for servicing customers for the first two-thousand (2,000) square feet, plus one additional space for each two-hundred (200) square feet of gross area used for servicing customers in excess of the initial two-thousand (2,000) square feet.

Service Business

Service business including barber, beautician, laundry and dry cleaning, shoe repair, tailor, photographer, travel agency.

Parking: One (1) off-street parking space for each one-hundred (100) square feet of gross area used or intended to be used for servicing customers, plus one (1) additional space for every one (1) full-time employee.

Financial Establishment

Bank, savings and loan association, credit union or other financial establishment.

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,

I

Parking: One (1) off-street parking space for each one-hundred (100) square feet of gross area used or intended to be used for servicing customers, plus one (1) additional space for each full-time employee.

Eating Place

Eating place for the sale and consumption of food and beverages without drive-in service and without take-out service. All food and beverages are to be served by waiters and/or waitresses and consumed inside the. building while patrons are seated at counters or tables. The sale of alcoholic beverages must be incidental to the sale and consumption of food.

Parking: One (1) off-street parking space for each fifty (50) square feet of total floor area: plus one (1) additional off-street parking space for each full-time employee.

Eating Place - Drive In

Eating place for the sale and consumption of food and non-alcoholic beverages with drive-in service.

Parking: One (1) off-street parking space for every two (2) seats, or one (1) off-street parking space for every one-hundred (100) square feet of gross floor area, whichever requires the greater number of off -street parking spaces, plus one (1) additional space for each employee on the largest shift.

Repair Shop

Repair shop for appliances, lawn mowers, watches, guns, bicycles, locks, small business machines, but not including automobiles, trucks, trailors and other heavy equipment.

Parking: One (1) off-street parking space for each three-hundred (300) square feet of gross floor area: plus one (1) additional space for each full- time employee.

Funeral Home

Mortuary or funeral home.

Parking: One (1) off-street parking space for each four (4) seats provided for patron use, or at least one (1) off-street parking space for each fifty (50) square feet of gross floor area used or intended to be used in the operation of the establishment, whichever requires the greater number of off-street parking spaces, plus one (1) additional space for each full- time employee.

Motel or Hotel

Motel or hotel: a building or group of buildings for the accommodation of guests, chiefly motorists, containing guest rooms for rent. The following provision shall apply:

a) The minimum lot size shall be five (5) acres.

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Parking: One (1) off-street parking space for each rental room or suite, plus one (1) additional off-street parking space for each full-time employee.

(€9) Entertainment

Entertainment and recreation facilities operated as a gainful business within a building, including, but not limited to, amusement arcades, which are defined as a facility operated as a gainful primary or accessory business within a building or structure providing three (3) or more amusement devices or games. An amusement device or game is defined to be a mechanical machine, electronic machine or a coin or non-coin operated machine, which operates or may be operated as a game or contest of skill or amusement of any kind or description.

Parking: One (1) off-street parking space for each four (4) seats provided for patron use, or at least one (1) off-street parking space for each fifty (50) square feet of gross floor area used or intended to be used for service to customers, patrons, clients, guests or members, whichever requires the greater number of off-street parking spaces, plus one (1) additional space for each full-time employee.

Amusement arcades shall be permitted only as a special exception in C and CC districts, with a minimum of one (1) acre and shall meet the following requirements:

No audio speakers or equipment shall be installed inside or outside the location of such use which are intended to cause

3 music, voices or other sounds to emanate to the exterior of the premises.

Adequate space within the building shall be provided to ensure that customers do not congregate outside the building housing the amusement arcade.

b)

c) AduM supervision shall be provided at all times at the location of such use.

d) Parking: one (1) off-street parking space for each four (4) seats provided for patron use, or at least one (1) off-street parking space for each fifty (50) square feet of ground floor area used or intended to be used for service to customers, patrons, clients, guests or members, whichever requires the greater number of off-street parking spaces, plus one (1) additional space for each full-time employee.

(El 0) Outdoor Entertainment

Outdoor entertainment and recreation facilities operated as a gainful business other than Use C6 and not including an outdoor motion picture establishment.

Parking: One (1) off-street parking space for every three (3) persons present at such facilities when they are filled to capacity.

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( E l l ) Tavern

An establishment which serves alcoholic beverages for on-premises consumption and which is licensed by the Pennsylvania Liquor Control Board.

Parking: One (1) off-street.parking space for each fifty (50) square feet of total floor area; plus one (1) additional off-street parking space for each full-time employee.

(E12) Lumber Yard

Lumber yard, excluding planing mill.

Parking: One (1) off-street parking space for each employee on the two (2) major shifts at maximum employment, but in no case less than one (1) off-street parking space for every three-hundred (300) square feet of gross floor area. See Section 901 for additional requirements.

(El 3) Veterinary

Office of a veterinarian with accessory animal kennel. In no event shall animal kennels be allowed as a primary use. Accessory kennels shall be fully enclosed and shall be located at least two-hundred (200) feet from a lot line.

Parking: Three (3) off-street parking spaces for each veterinarian plus one (1) space for each full-time employee.

(E14) Service Station

Gasoline service station, subject to the following provisions:

Minimum lot width of not less than two-hundred (200) feet shall be provided along each street on which the lot abuts.

b)

c)

d)

All activities except those to be performed at the fuel pumps shall be performed within a completely enclosed building.

Fuel pumps shall be at least twenty-five (25) feet from any ultimate street rightof-way.

All automobile parts and similar articles shall be stored within a building.

e) Paint-spraying or body and fender work shall not be permitted.

Lubrication, oil changes, tire changes, and minor repairs permitted if entirely within a building.

g) Service stations shall be located not less than two-thousand (2,000) feet apart.

Parking: One (1) off-street parking space for every three-hundred (300) square feet of gross floor arbs, or two (2) off-street parking spaces for each service bay, whichever is larger, plus one (1) space for each full-time employee. Off-street parking spaces are not to be a part of, or interfere with, the accessways to the pumps.

9

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(E15) Automotive Sales

Sale and rental of new and used cars, light trucks (less than 6,000 Ib. GVW), trailers, cycles or boats.

a)

b)

Display areas are not permitted in the required front yards.

A twenty (20) foot buffer yard around all boundaries other than street boundaries shall be required. Such buffer yards shall meet all provisions of Section 904.

Parking: Five (5) off-street parking spaces for each employee in the largest shift.

(E 1 6) Automobile Repair

Automobile repair garage, including paint spraying, body and fender work, or car washing facility provided that all repair and paint work is performed within an enclosed building.

Parking: One (1) off-street parking space for each one-hundred (100) square feet of gross floor area, plus one (1) additional space for each full- time employee.

(E l 7) Truck Sales

Sale and rental of new and used trucks and heavy equipment.

4 b)

Display areas are not permitted in the required front yards.

A twenty (20) foot buffer yard around all boundaries other than street boundaries shall be required. Such buffer yards shall meet all provisions of Section 904.

Parking: One (1) off-street parking space for each one-hundred (100) square feet of gross display area, plus one (1) additional space for each full-time employee.

(El 8) Automotive Accessories

Sale of automotive accessories, parts, tires, batteries, and other supplies. Installation of parts shall be in a building.

Parking: One (1) off-street parking space for each two-hundred (200) square feet of gross floor area, plus one (1) additional space for each full- time employee.

(El 9) Parking Lot or Garage

A lot of record upon which the parking or storing of automotive vehicles is the primary use, provided:

No sale, rental, service or repair operation of vehicles shall be performed.

a)

b) The parking or storage of heavy trucks (greater than 6,000 Ib. GVW) or trailers shall not be permitted.

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a All parking areas shall meet the design standards of Article IX of this Ordinance.

c)

(E20) Shopping Center

A neighborhood or regional shopping center which is preplanned and designed as a complex of related structures and circulation patterns subject to the following additional criteria:

Shopping Centers shall have a minimum site area of ten (10) acres.

Not more than twenty-five (25) percent of the total area shall be occupied by buildings.

Uses D1, D2, El , E2, E3, E4, E9 and F3 shall be permitted.

Any use of the same general character as any of the above permitted uses, when authorized as a special exception by the Zoning Hearing Board, provided that such use shall be permitted subject to such reasonable restrictions as the Board may determine.

Signs when erected shall be maintained in accordance with the provisions of Article X. In addition to signs permitted in Article X for individual establishments, one (1) free-standing sign indicating the name of the shopping center, provided that (a) the area on any one side of any such sign shall not exceed seventy- five (75) square feet, and (b) the location of such sign shall be as designated on or in connection with the required development plan and orientation.

Building placement. No building or permanent structure, other than a permitted sign, shall be erected within one-hundred (100) feet of a street line, or within fifty (50) feet of any property line. No parking, loading, or service area shall be lorated less%than thirty (30) feet fromany property lia6.

. w . - . ? , . - - ' <'- . ..LA , - *

The props& deviloprnedshall be constructed in adbordance with an overall plan and shall be designed as a single architect ral unit with approp le landscapi &> . ~ c I ~ ~ ~ d ~ ~ \ v\&3 Outdoor s rage and dis ys shall conform to the provisions of Section 705 (H5).

The distance, at the closest point, between any two (2) buildings or groups of units of attached buildings, shall be not less than twenty (20) feet.

The proposed development shall be served by approved water and sewage disposal facilities, the adequacy of which shall be demonstrated and guaranteed.

Lighting facilities shall be provided and arranged in a manner which will protect the highway and neighboring properties from any direct glare or hazardous interference of any kind.

, . -. I . 2 2 - , i '

> .--

30,000 5& Larc t' tQg5a\- QPC3G e a)

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Buffer yard along any residential boundary line shall be provided and shall be not less than fifty (50) feet in width, measured from such boundary line or from the street line, and shall be in accordance with the provisions of Section 904. Such buffer yard may be coterminous with any required yard in this district; and in case of conflict, the larger yard requirement shall apply.

Parking: Five and one-half (5.5) off-street parking spaces shall be provided and maintained for each one-thousand (1,000) square feet, or portion thereof, of Gross Leasable Area.

Gross Leasable Area is the total floor area designed for tenant occupancy and use, including basements, mezzanines, storage areas, and upper floors, if any, expressed in square feet and measured from the center line of common partitions and from outside wall faces.

0

In order to prevent the establishment of a greater number of parking spaces than is actually required to sewe the needs of the particular mix of enterprises in the shopping center, the governing body, after consulting with the Municipal Planning Commission and Municipal Engineer, may Dermit a conditional reduction of parking space if the following conditions are satisfied:

(1)

(3)

(4)

The design of the parking lot, as indicated on the land development plan, must designate sufficient space to provide for the total requirement of five and one-half (5.5) parking spaces per one-thousand (1,000) feet of Gross Leasable Area. The plan shall also illustrate the layout for the total number of parking spaces.

The conditional reduction shall provide for the establishment of no less than four and one-half (4.5) parking spaces per one thousand (1,000) square feet of Gross Leasable Area. This initial phase of the parking provision shall be clearly indicated on the plan.

The balance of the parking area conditionally reserved shall not include areas for required buffer yards, setbacks, stormwater management improvements or areas which would otherwise be unsuitable for parking spaces due to the physical characteristics of the land or other requirements of this Ordinance.

This parking area, which is reserved, shall be kcated and have characteristics so as to provide amenable open space should it be determined the additional parking spaces are not required. The developer shall provide a landscaping plan for the resewed area with the land development plan.

The developer shall enter into a written agreement with the governing body that the additional parking spaces shall be provided at the developer's or owner's expense should it be determined that the full five and one-half (5.5) parking spaces per one-thousand (1,000) square feet of Gross Leasable Area, or portion thereof. This requirement is necessary to satisfy the need of the particular mix of uses in the shopping center.

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(E21) Outdoor Motion Picture Establishment

a

Such use shall have frontage on an arterial or collector highway and all access shall be taken from the arterial or collector highway. The applicant shall provide an analysis of the physical conditions of the road system at the proposed points of access. Improvements to ensure safe turning movements and traffic safety shall be provided by the applicant as required by the governing body. The applicant shall provide sufficient vehicle stacking area or a marginal access road to ensure that entering vehicles will be able to pull off the road.

The motion picture screen shall be no closer to any property line than one and onequarter (1.25) times the height of the picture screen or the minimum yard requirements of the zoning district, whichever setback is greater. Other buildings shall be subject to the minimum yard requirements of the zoning district.

The applicant shall provide information which indicates conformance with Section 802 Natural Resource Restrictions.

The maximum impervious surface ratio for this use shall be sixty (60) percent.

The motion picture screen shall not be oriented towards the arterial or collector highway.

The applicant shall provide a plan for buffering in accordance with Section 904 and shall meet the following standards:

(1) Along an adjacent property line that is zoned residentially or a property line with an existing residential use and along any road, either:

(0 A six (6) foot solid wooded fence within the exterior fifty (50) feet of the buffer yard and one and one-half (1.5) inch to two (2) inch caliper deciduous tree at an average of one (1) tree per forty (40) lineal feet of buffer plus one (1) three (3) foot to four (4) foot evergreen tree at an average of one (1) tree per twenty (20) lineal feet of buffer. The trees shall be placed between the fence and the property line; or

A five (5) foot berm planted on top as in (l)(i) above with plant material listed in (2) below: or

(ii)

(iii) One (1) caliper deciduous tree at an average of one (1) tree per forty (40) lineal feel of buffer plus one (1) three (3) foot to four (4) foot evergreen tree at an average of one (1) tree per twenty (20) lineal feet of buffer plus one (1) three (3) fool to four (4) foot deciduous shrub per four (4) lineal feet of buffer.

Acceptable plant material for the buffer yard noted in (1) above shall be:

(2)

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Evergreen trees as specified in the Tinicum Township Subdivision and Land Development Ordinance;

(0

(ii) Deciduous trees as specified in the Tinicum Township Subdivision and Land Development 0 rd i na nce ;

(iii) Shrubs: Privet, Forsythia, Vibemum Species.

(3) In accordance with Section 900.05 of this Ordinance, a clear-sight triangle shall be maintained at all street intersections and at all points where access drives intersecl with roads.

9) The bt size shall be five (5) acres.

(E22) Village-oriented Shops and Stores

Including corner grocery as distinct from a supermarket, drug store, stationery store, soda-fountain, luncheonette, barbershop, beauty parlor, antiques, books, arts and crafts, gifts, fashion and sportswear boutiques, gourmet food and specialties, confectionary, bakery, and such other uses as would be required by a family at weekly intervals or less and not to include stores in excess of two-thousand (2,000) square feet of floor area.

Parking: One (1) off-street parking space for each one-hundred (100) square feet of gross floor area used or intended to be used for servicing customers, plus one (1) additional space for every full-time employee. Parking shall not be located between a building and a street unless authorized by the Zoning Hearing Board where the restriction against such use is clearly impractical.

(E23) Watercraft Rentals

a) Definitions

(1) This use, "watercraft rentals," is defined as a business or facility for the leasing or renting of water flotation devices for outdoor water recreation. The commercial sale of water flotation devices is expressly prohibled in RC and E Districts.

(2) "Water flotation devices" shall include any conveyance, vehicle or device designed or intended to transport or carry persons or things along or upon the water ways within or outside the Township. Permitted water flotation devices shall be limited to boats, canoes, paddle boats, rafts, kayaks, innertubes, and flotation rings, whether or not such devices are self or mechanically propelled.

b) Review Procedures

The application review procedures for a special exception shall be conducted in accordance with Section 913 of the Pennsylvania Municipalities Planning Code and Section 1406 of

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the Zoning Ordinance. Applicant must meet all the plan requirements, standards and criteria set forth hereinafter.

c) Plan Requirements

(1) Applicant shall be required to submit a written application for Special Exception in accordance with Section 1303 of the Zoning Ordinance.

(2) In addition, applicant shall be required to submit such other plans or materials to demonstrate compliance with Environmental Performance Standards (Section 800), Flood Plain Standards (Section 804), Buffer Yards (Section 904), Traffic Impact Study (Section 1508), and Parking, as well as Interior Traffic Fbw (Section 901).

d) Standards and Conditions

This use is subject to the following standards and conditions, in addition to those required by Sections 800, 804, 901, 904, 1406 and 1508.

Watercraft rentals may be permitted in RC, E, CC, and C Districts as a special exception, provided that the minimum lot area is ten (1 0) acres in RC and E and three (3) acres in CC and C and provided that, as to sites in CC, C and E Districts, they front on and provide access to a major or minor arterial roadway as defined in the Zoning Ordinance. As to proposed lots in RC, they must front on and provide access to Route 32 (River Road). This site shall be known as the primary base of operation.

In addition to the required primary base of operation, Applicant shall be required to demonstrate that it has at least one (1) other lot of not less than two (2) acres which it owns or controls for the purpose of ingress and/or egress to or from the waterway intended to be used by watercraft customers. This site shall be known as a secondary base of operation.

No watercraft rental use (E23) may be established unless the Applicant demonstrates that it has at least two (2) noncontiguous, distinct, and separate bases of operation, one (1) for entering the waterway and at least one (1) other for exiting the waterway.

A secondary base may be located in any district within the Township, provided it provides access to the waterway and fronts on and provides access to a major or minor arterial roadway as shown in the Zoning Ordinance.

A secondary base shall be employed and used by Applicant only for the purpose of discharging or picking up customers using the waterway. No parking of motor vehicles or storage of watercraft shall be permitted at secondary bases, excepting for vehicles of Applicant employed for transporting customers or employee vehicles.

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(6) A secondary base shall comply with buffer yard requirements of commercial uses as set forth in Section 904.

e) Parking Lot Requirements

Parking

All parking areas shall be provided with entrance and exit driveways. All driveways shall have a six (6) foot wide walkway on one side for pedestrian travel. All parking areas and driveways shall be screened from adjacent properties of dissimilar user All parking areas shall be designed in accordance with 901.02, 901.03, 901.04, and 901.05 of the,Tinicum Township Zoning Ordinance.

Parking Lot Construction

Parking areas for occasional use shall be constructed with previous type construction such as grass pavers, etc. All permanent parking areas shall be paved with the same construction as required for driveways. All parking lot design must be submitted to the Township Engineer for review.

Driveways

One-way driveways shall be a minimum of twelve (12) feet wide and cleared and graded to a minimum width of eighteen (18) feet to allow for emergency equipment.

Two-way driveways shall be a minimum of twenty (20) feet wide and cleared and graded to a minimum width of twenty-six (26) feet.

All driveways shall be constructed in accordance with the following standards:

A crushed aggregate base course to a compacted depth of eight (8) inches. The base course shall be choked at both top and bottom with fines.

(9

(ii) A bituminous concrete binder course (10-2) to a compacted depth of one and one-half (1 -1/2) inches. A bituminastic tack coat shall be applied to the binder course prior to final paving.

(iii) A bituminous wearing course (ID-2) to a

Walkways

compacted depth of one (1) inch.

Safe and convenient sidewalks or separate pedestrian walkways shall be provided from parking area to the location where main use is conducted. Walkways shall be provided so that pedestrians shall not be required to

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walk on main entrance and exit driveways. Walkways shall be constructed of Class "A" concrete (four (4) inch depth) on four (4) inch Stone bedding. Walkways may be constructed of brick on a four (4) inch stone bedding or other material, as approved by the Zoning Hearing Board.

(5) Parking Requirements

Permanent Parking - One (1) off-street parking space for each one-hundred (1 00) square feet of gross area used or intended to be used for servicing customers, plus one (1) additional space for every one (1) employee.

Occasional Parking - One (1) off-street parking space shall be provided for each four (4) persons of total capacity.

If the total number of required parking spaces exceeds one-hundred-fifty (150), a traffic impact study by a certified engineer shall be required as part of application. Said study shall be reviewed and approved by Township Engineer and Applicant shall be required to comply with the approved study and implement any recommendations required to alleviate any adverse traffic impad.

No individual parking area shall exceed two- hundred (200) spaces without providing a buffer planting, as outlined below.

A maximum of four (4) parking areas of up to two- hundred (200) spaces shall be permitted for any one (1) watercraft rental operation.

(6) Buffer Yards

Buffer yards shall be in accordatice with Section 904 of the Tinicum Township Zoning with exception of the following:

904d - A thirty (30) foot buffer shall be required for Use E23.

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(ii) 9041 - A thirty (30) foot buffer shall be required for Use E23.

(iii) 904h(2) - For Use E23, a thirty (30) foot buffer shall be required.

f) Operational Requirements

Watercraft rentals (Use E23) shall be constructed in accordance with the following additional regulations:

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Watercraft rental shall be permitted only between the hours of 8:OO A.M. and 5:OO P.M.; excepting, however, that there shall be no rentals of innertubes or flotation rings before 9:00 A.M. or after 5:OO P.M. Food and refreshment sales shall cease at sunset.

The operation of the business shall include appropriate changing facilities.

Each base of operation shall contain suitable toilet facilities which must be approved by any agency exercising jurisdiction thereover, including the Bucks County Department of Health and the Pennsylvania Department of Environmental Resources, where applicable.

No such use may be established until the Applicant has received all other permits from any agency exercising jurisdiction, including, without limitation, the Bucks County Department of Health, Pennsylvania Department of Environmental Resources, and Pennsylvania Department of Transportation, where applicable. In the event that Applicant intends a base on lands not within Tinicum Township, permit from authority having jurisdiction over use of said lands must be presented to Township.

The Applicant shall place readily visible numbers on all flotation devices. When renting said devices to customer, Applicant shall note the numbered device rented to each customer and retain said information as part of its business records for one (1) year in the event it becomes necessary to identify the particular customers using said device on a particular occasion.

As part of continuing operation, Applicant shall advise, verbally and in writing, to all customers prior to their departure onto any waterway, against littering, trespassing and/or abuse of public and private properties. Possession or consumption of alcoholic beverages shall be prohibited. Applicant shall prohibit renters of innertubes or flotation rings from carrying or taking into the waterway any food or beverages.

Operator shall enter into an agreement, subject to annual review and renewal, with the Tinicum Township Board of Supervisors.

This agreement, or license, shall provide for adherence to the requirements set forth above and such additional conditions as the Zoning Hearing Board may have attached, or as the Board of Supervisors may deem necessary.

There shall be a fee of one-hundred (100) dollars, payable annually in advance.

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No renewal of the license shall be granted unless all payments shall be timely made and all conditions of the permit have been adhered to.

g) Accessory Uses

The following accessory uses are expressly permitted at the primary base only, and shall be clearly incidental thereto.

(1) The selling of food and non-alcoholic beverages to patrons of the business, provided that no food or beverages shall be permitted to be consumed off the premises and provided, further, that all trash and other refuse is contained in adequate receptacles. No facility such as a restaurant shall be permitted.

(2) Office and administration areas devoted exclusively to the operation of the watercraft rentals.

(3) The storage, maintenance and repair of vehicles, supplies, equipment and devices used in connection with the operation.

F. Utility, Service, and Transportation Uses

(Fl) Utilities

Transformer station, pumping station, relay station towers (transmission or relay), substations, switching center, sewage treatment plant and any similar or related installation, not including public incinerators and public or private landfills. In residential distri i3such uses shall be permitted only where all the following conditions are met:

Such installation is essential to service such residential areas; and

@

b)

c)

No public business office is operated in connection with it; and

A fifty (50) foot buffer yard shall be provided along all property lines; and

d) All towers except wind turbine generator towers for residential Wind turbine use shall be prohibited in r-

generator towers in residential districts shall be setback from any building or property line a distance of at least one and one-half (1.5) times. the tower's height.

Parking: Two (2) off-street parking spaces plus one (1) off-street parking space for each employee normally in attendance at the facility at any time.

. .

(F2) Emergency Services

Fire, ambulance, rescue and other emergency services of a municipal or volunteer nature, on parcels with a minimum size of three (3) acres.

Parking: Three (3) off-street parking spaces for every four (4) employees on the two major shifts at maximum employment, or four (4) off-street parking spaces for each fire truck where no community room is part of the

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building, whichever requires the greater number of parking spaces. Where a community room is provided, two (2) off-street parking spaces for each fire truck plus one (1) off-street parking space for each fifty (50) square feet of gross floor area.

(F3) Teninal

Bus station or terminal.

Parking: Off-street parking spaces as the Planning Commission and governing body shall determine adequate to serve customers, patrons, visitors, employees and vehicles normally parked on the premises.

(F4) Airport

The following uses may be included when authorized as a special exception by the Tinicum Township Zoning Hearing Board: commercial airport, including sales, services and rentals services. The Zoning Hearing Board shall require compliance by the applicant with the following standards and safeguards:

a) A r e a : The proposed landing strip shall be not less than two-thousand (2,000) feet in length with a minimum width of one-hundred (1 00) feet with taxiways of fifty (50) feet width to be provided at least seventy-five (75) feet removed from the edge of the runway or landing strip. The proposed landing strip must be so placed that at least seventy- five (75) percent of the winds, including calms, are covered by the landing strip alignment.

Site: The approach zone to the proposed landing strip must be free of obstructions on a glide ratio of 20:l and the Board must be satisfied that the area proposed for development as a commercial airport has adequate and proper drainage and that the proposed landing strip can be developed with a longitudinal grade of less than two (2) percent of the runway.

c) -: Before the Zoning Hearing Board may approve any special exception for the development of a commercial airport, evidence of the inclusion of the following facilities must be presented; hanger with the name of the airport painted on top with letters large enough to be legible from one-thousand (1,000) feet, a paved floor to be used as a shop, adequate fire fighting equipment, fueling facilities at a distance from the building so as not to present a hazard, setvices of a rated flight instructor and an A and E mechanic, a tiedown area with ties of a quality capable of withstanding strains that will be placed on them a wind direction indicator and/or wind tee located where it is readily accessible: toilet facilities, a telephone, and the availability of transportation to nearby communities.

b)

d) -: Before the Zoning Hearing Board may approve a special exception for the development of a commercial airport, satisfactory evidence must be submitted indicating that the landing strip shall be delineated by strip markers to be positioned at intervals of not more than four-hundred (400) feet with corner markers denoting the width as well as the usable length of the

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runway, said markers being constructed and painted in accordance with state and/or federal regulations.

e) Re-: Before the Zoning Hearing Board may approve the granting of a special exception for the development of a commercial airport in accordance with this subsection, it shall be necessary for the applicant to submit with his proposed plan, a license issued by the Pennsylvania Aeronautics Commission stating that the proposed site has been approved for use as a commercial airport facility.

m: 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:

(1) A minimum landing area of ten-thousand (10,000) square feet with each dimension being at least one- hundred (100) feet; if a roof top land area, the minimum landing area shall be forty (40) by forty (40) feet.

Excepting roof top landing areas, the entire landing area to be surrounded by a fence at least six (6) feet in height.

No fueling, refueling, service or storage facilities shall be included.

f)

(2)

(3)

(4) The proposed heliport will not adversely affect the adjoining land uses, the safety and welfare of nearby residents, or the future growth and development of the area in which it is to be located.

9) If FAA requirements are more restrictive, they shall be enforced in lieu of Township regulations.

G. Industrial Uses

(G 1) Manufacturing

Manufacturing, including the production, processing, cleaning, testing, and distribution of materials, goods, food stuffs and products.

Parking: Three (3) off-street parking spaces for every four (4) employees on the largest shift, plus one (1) space for each company vehicle normally stored on the premises.

(G2) Research

Research, testing, or experimental laboratory.

Parking: Three (3) off-street parking spaces for each four (4) employees on the largest shift, or one (1) off-street parking space for every seven- hundred-fifty (750) square feet of gross floor area, whichever is greater, plus one (1) space for each company vehicle normally stored on the premises.

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Wholesale

Wholesale business, wholesale storage, and/or warehousing.

Parking: Three (3) off-street parking spaces for each four (4) employees on the largest shift plus one (1) space for every two-hundred-fifty (250) square feet of gross floor area used for servicing customers.

Printing

Printing, publishing, binding.

Parking: Three (3) off-street spaces for each four (4) employees on the largest shift plus one (1) space for every two-hundred-fifty (250) square feet of gross floor area used for servicing customers.

Contracting

Contracting off ices and shops such as building, cement, electrical, heating, masonry, painting, and roofing.


Truck Terminal

Truck terminal licensed by the Public Utilities Commission.

Parking: Off-street spaces as the governing body and Planning Commission shall determine adequate to serve customers, employees, visitors and vehicles normally parlted on the premises.

Crafts

Plumbing, carpentry, cabinetmaking, furniture-making and similar crafts.


Planing Mill

Planing mill where wood products are sold or processed into finished items such as molding, trim, etc.

Parking: Three (3) off-street spaces for each four (4) employees on the largest shift plus one (1) space for every two-hundred-fifty (250) square feet of gross floor area used for servicing customers.

Mill

Where grain, lumber and similar products are processed.


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(Gl 0) Junk Yards

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An area of land, with or without buildings, used for the storage of used or discarded materials, including but not limited to waste paper, rags, metal building materials, house furnishings, machinery, vehicles or parts thereof (with or without dismantling) processing, salvage, sale or other use or disposition of the same. The deposit or storage of two (2) or more motor vehicles not having valid inspection stickers issued by the Pennsylvania Department of Transportation, excluding farm vehicles, or of two (2) or more wrecked or broken vehicles, or the major parts of two (2) or more such vehicles, shall be deemed to make the lot a junk yard. Such uses shall be subject to the following additional provisions:

No material shall be placed in any junk yard in such a manner that it is capable of being transferred out of the junk yard by wind, water or other natural causes.

The boundaries of any junk yard shall at all times be clearly delineated.

All paper, rags, cloth and other fibers, and activities involving the same, other than loading and unloading, shall be within fully enclosed buildings.

All junk yard materials and activities not within fully enclosed buildings shall be surrounded by a fence at least eight (8) feet in height, and maintained in good condition. Any gate in such fence shall be similarly constructed and maintained, and shall be kept locked at all times when the junk yard is not in operation.

All materials shall be stored in such a manner as to prevent the breeding or harboring of rats, insects, or other vermin. When necessary, this shall be accomplished by enclosure in containers, raising of materials above the ground, separation of types of material, preventing the collection of stagnant water, extermination procedures, or other means.

No burning shall be carried on in any junk yard. Fire shall be prevented and hazards avoided by organization and segregation of stored materials, with particular attention to the separation of combustibles from other materials and enclosure of combustibles where necessary (gas tanks shall be drained), by the provision of adequate aisles (at least fifteen (15) feet) for escape and , and by other necessary measures.

Stacking of material shall not exceed eight (8) feet in height.

No junked material shall be visible from any of the surrounding lands or buildings.

A fifty (50) fool buffer yard is required. The buffer yard shall conform to Section 904.

All natural resource restrictions in Section 802 shall apply.

Parking: One (1) off-street parking space for each employee in the largest shift.

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(Gll) Extraction Operation

The extraction and removal of materials, including sand, clay, shale, gravel, topsoil, or similar materials, except for farm ponds constructed under the supervision of the Soil Conservation Service, or unless it is part of an approved site development project.

Plans Required

Plan of General Area (within a one (1) mile radius of site) at a scale of one-thousand (1,000) feet or less to the inch with a twenty (20) foot or less contour interval to show:

a)

1. Existing Data

a. Location of proposed site. b.

C.

Land use pattern including building locations and historical sites and buildings. Roads--indicating major roads and showing width, weight loads, types of surfaces and traffic data.

2. Proposed Uses or Facilities

a. Subdivisions. b. Pads, schools, and churches. C. Highways (new and reconstructed). d. Other uses potentially affecting or affected by

the proposed extractive operation.

Plan of Proposed Site at a scale of one-hundred (100) feet or less to the inch with a five (5) foot or less contour interval to show:

b)

1. Basic Data

a. Soils and geology. b. C. Vegetation--with dominant species. d.

Ground water data and water courses.

Wind data--directions and percentage of time.

2. Proposed Usage

a. Final grading by contours. b. Interior road pattern, its relation to operation yard

and points of ingress and egress to state and township roads.

C. Estimated amount and description of aggregate and overburden to be removed.

d. Ultimate use and ownership of site after completion of operation.

e. Source and amount of water if final plan shows use of water.

1. Plan of operation showing:

(1) Proposed tree screen locations. (2) ' Soil embankments for noise, dust, and

visual barriers and heights of soil mounds.

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(3) Method of disposition of excess water during operation.

(4) Location and typical schedule of blasting.

(5) Machinery--type and noise levels. (6) Safety measures--monitoring of

complaints.

Performance Standards

a) Operations. Extractive operations shall meet all development and performance standards of Article VIII.

b) Setbacks. No excavation, quarry wall, storage or area in which processing is conducted shall be located within fifty (50) feet of any lot line, one-hundred-fifty (150) feet of any street right-of- way, or within two-hundred (200) feet of any residential, reserve, or commercial district boundary line.

Grading. All excavations, except stone quarries over twenty-five (25) feet in depth, shall be graded in such a way as to provide an area which is harmonious with the surrounding terrain and not dangerous to human or animal life.

1. Excavations shall be graded and backfilled to the grades indicated by the site plan. Grading and backfilling shall be accomplished continually and as soon as practicable after excavation. Grading and backfilling may be accomplished by use of waste products of the manufacturing operation or other materials, providing such materials are composed of nonnoxious, noncombustible solids.

c)

2. Grading and backfilling shall be accomplished in such a manner that the slope of the fill or its cover shall not exceed normal angle of slippage of such materials, or forty-five (45) degrees in angle, whichever is less. During grading and backfilling, the setback requirements in paragraph (b) above may be reduced by one-half, so that the top of the graded slope shall not be closer than twenty-five (25) feet to any lot line, seventy-five (75) feet to any street right-of-way, or within one-hundred (1 00) feet of any reserve or residential district boundary line.

When excavations which provide for a body of water are part of the final use of the tract, the banks of the excavation shall be sloped to a minimum ratio of seven (7) feet horizontal to one (1) foot vertical, beginning at least fifty (50) feet from the edge of the water and maintained into the water to a depth of five (5) feet.

Drainage either natural or artificial, shall be provided so that disturbed areas shall not collect water or permit stagnant water to remain.

Access. Truck access to any excavation shall be so arranged as to minimize danger to traffic and avoid nuisance to surrounding properties.

3.

4.

d)

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e) Planting. When planting is the final use to which the tract is put, all that is not covered by water shall be covered with a sufficient amount of arable soil to support vegetation. A planting plan shall be prepared for the entire finished tract using various types of plant material for the prevention of soil erosion and to provide vegetative cover. When buildings are proposed as part of the final use to which the tract is put, planting in areas adjacent to proposed buildings shall be planted with a vegetative cover in keeping with the requirements of the ultimate building purposes.

Stone Quarry. Stone quarries whose ultimate depth shall be more than twenty-five (25) feet shall provide the following:

f

1.

2.

3.

A screen planting within the setback area required in paragraph (b) above shall be required. Such a screen shall be no less than twenty-five (25) feet in width and setback from the excavation so as to keep the area next to the excavation planted in grass or ground cover and clear of any obstruction.

A chain link (or equal) fence at least ten (10) feet high and with an extra slanted section on top strung with barbed wire shall be placed at either the inner or outer edge of planting completely surrounding the area.

Warning sgns shall be placed on the fence at intervals of no more than one-hundred (100) feet.

Parking: One (1) off-street parking space for each employee in the largest shift.

(G12) Mini Warehouse

A building or group of buildings in a controlled access compound that contains varying sizes of individually controlled access compartments to be used for the storage of excess personal property, subject to the following conditions:

4 b)

Property must border on an arterial road.

On-site circulation--Minimum width of interior driveways: twenty (20) feet.

c) Buffer

Buffer yards shall be provided in accordance with Section 904 of the Zoning Ordinance.

d) Fire and Safety

Preliminary plans shall be reviewed and subject to the approval by the municipal police and fire officials.

Minimum Requirements for Lease Restrictions e)

(1) Storage limited to items of personal property generally stored in residential accessory structures.

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(2) No business activities other than leasing of storage units.

(3)

(4)

No explosive, radioactive or highly flammable materials.

All storage in enclosed buildings.

f) Maximum Building Size

Each structure shall not exceed six-thousand (6,000) square feet in size.

(G13) Industrial Park

An industrial park is a restricted type of industrial land use in which an emphasis has been given to compatibility with surrounding land use and aesthetics. Development shall be based upon a comprehensive plan which will include detailed provisions for streets, utilities and landscaping. The use shall be subject to the following criteria:

Industrial parks shall have a minimum site area of ten (1 0) acres. Individual lots within the park shall have a minimum area of three (3) acres.

a)

Uses E17, E19, F1, F2, F3, Gl, G2, G3, G4, G5, 02, E4, G6, G7, G8, G9, and H5 shall be permitted.

b)

Signs when erected shall be maintained in accordance with the provisions of Article X. In addition to signs permitted in Article X for individual establishments, one (1) free standing sign indicating the name of the industrial park may be erected, provided that (a) the areas on any one side of any such sign shall not exceed seventy-five (75) square feet, and (b) the location of such sign shall be designated on, or in connection with, the required development plan.

d) The proposed development shall be sewed by approved water and sewage disposal facilities, the adequacy of which shall be demonstrated and guaranteed.

Lighting facilities shall be provided and arranged in a manner which will protect the highway and neighboring properties from direct glare of hazardous interference of any kind.

Buffer yards shall conform to Section 904.

e)

f)

g) All lots within the industrial park shall take access off an interior roadway. Access for the park shall be from an arterial highway.

h)

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All parking and loading facilities shall be located to the rear or side of buildings.

Interior roadways shall have street trees in accordance with the Subdivision and Land Development Ordinance.

A traffic impact and water feasibility study shall be required. See Section 1508.

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H. Accessory Uses

(Hi) Home Occupation

Customary home occupation for gain. A home occupation shall:

a) Conform to the following regulations:

(1) The home occupation shall be carried on wholly indoors and within a dwelling or other structure accessory thereto.

(2) There shall be no show windows, display,or advertising visible outside the premises to attract customers or clients other than a home Occupation sign as permitted in Article X.

(3)

(4)

There shall be no exterior storage of materials.

No external alterations, additions, or changes to the structure shall be permitted in order to accommodate or facilitate a home occupation.

No articles shall be sold or offered for sale on premises except such as may be produced on the premises.

Frequent and repetitive servicing by commercial vehicle for supplies and materials shall not be permitted.

(5)

(6)

(7) The home occupation shall be operated only by members of the immediate family residing in the dwelling.

(8) The floor area devoted to a home occupation shall not be more than twenty-five (25) percent of the ground floor area of the principal residential structure, excluding garage.

b) Include, but not be limited to, the following: art studio, teaching of not more than four (4) pupils simultaneously; or in the case of musical instruction not more than a single pupil at a time; seamstress, handicrafts or other like activity, barber shop and beauty parlor limited to serving one patron at a time; and greenhouse.

Not include the following: animal hospital; commercial stable or kennel; funeral parlor or undertaking establishment; antique shop; tourist home; restaurant; or rooming, boarding or lodging house;

c)

Parking: Two (2) off-street parking spaces in addition to spaces otherwise required.

(H2) Accessory Office

Accessory office of realtor, insurance salesman, physician, lawyer, clergyman, teacher of other profession of like character provided that:

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The area devoted to the permitted professional use shall be located within either the practitioner's dwelling or a building accessory thereto.

a)

b) The floor area devoted to such professional use shall be equivalent to not more than twenty-five (25) percent of the ground area covered by the practitioner's dwelling, excluding the ground area covered by an attached garage or such other similar building . Not more than two (2) employees, assistants or associates, in addition to the resident practitioner, shall be employed on the premises.

No external alterations shall be made which involve construction features not customary to dwellings.

No signs shall be permitted, except an accessory-use sign.

c)

d)

e)

Parking: Three (3) off-street parking spaces in addition to spaces otherwise required plus one (1) space for each employee, assistant or associate.

(H3) Residential Accessory Structure or Use

a) (1)

(2)

Parking spaces for the parking of passenger automobiles (garage or carport).

Parking of commercial vehicles not exceeding three- quarter-ton loading capacity within a completely enclosed building (garage).

b)

c)

Structures such as fences, walls, private swimming pools.

Buildings such as storage sheds, bath houses and private greenhouses.

If the Residential Accessory Structure is a Residential Accessory Dwelling, the following conditions must be met:

(1) The minimum lot size required in the applicable zoning district shall be doubled.

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d)

(2) Only one Residential Accessory Dwelling shall be permitted per lot.

(3) A Residential Accessory Dwelling shall be facilities for relatives, domestic servants, or caretakers employed on the premises, and for occasional gratuitous guests, not for rental purposes.

(4) Any on-site sewage disposal system must be capable of handling the total output for the Residential Accessory Dwelling and the Single-Family Dwelling. This shall be certified by a letter of approval from the County Department of health.

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A permit may be granted for a use to be known as Temporary Accessory Apartment, in owner-occupied single-family dwellings, in all residential zoning districts, provided that the following standards and criteria are met:

e)

For purposes of this Ordinance, the term "relatives" shall mean those persons related by blood or marriage to the property owners. The phrase "Temporary Accessory . Apartment" shall mean a totally separate living unit with its own kitchen and bathroom facilities.

Only one such apartment may be created within a single- family house. The apartment must be located within the residence structure.

The owner@) of the residence in which the accessory unit is created shall occupy the dwelling as their primary residence, except for bona fide temporary absences.

Persons residing in the Temporary Accessory Apartment must be relatives of the property owner. No more than two adults and their children may reside in a Temporary Accessory Apartment.

The ground area covered by any addition (footprint) shall be not more than 10% of the original building, or 450 square feet, whichever is greater.

Any on-site sewage disposal system must be capable of handling the total output from the Temporary Accessory Apartment and the single-family dwelling that it serves. This shall be certified by a letter of approval from the County Department of Health.

The following minimum square footage areas are required for the apartment:

SQC Ft. Area 500 square feet Efficiency

One Bedroom 655 square feet Two Bedroom 950 square feet

If the apartment is located above the ground floor, a plan showing adequate fire escape access must be approved by the Township Engineer.

Only one Temporary Accessory Apartment shall be permitted per lot.

Permits for Temporary Accessory Apartments shall be issued only for the time period specified in the application, but not to exceed one year, and shall be renewable at the request of the property owner for additional one year periods, as long as the conditions of this section continue to be met.

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At least three off-street parking spaces must be available for use by the occupants of the premises.

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(12) Upon the termination of residency of the relatives in the Temporary Accessory Apartment, the property shall revert back to a single-family use. Under no circumstances will the Temporary Accessory Apartment be rented to non- relatives.

(13) This use must be reviewed by the Planning Commission before approval by the Zoning Officer.

Dormitory

An accessory building for the residency of students, religious orders, teaching or others engaged in the primary activity of the institution where individuals need to live on the site. The density in such areas shall be based on persons per acre, since dormitories are not family dwellings. The following standards shall apply:

No more than twenty-five (25) percent of any institutional tract may be devoted to dormitory use; that is, dormitories and associated yards as per (c) and (d) below.

Parking requirements shall be established by the governing body.

Each dormitory resident shall have a minimum of one-hundred- eighty (180) square feet of space within the building.

No more than twenty-five (25) percent of land devoted to dormitory use shall be covered by impervious surfaces.

The net density in the dormitory area shall not exceed sixty-four (64) persons per acre.

The density on any institutional site shall not exceed twelve (12) residents per acre.

Outside Storage or Display

a) 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:

(1) No part of the street right-of-way, no sidewalks or other areas intended or designed for pedestrian use, no required parking areas, and no part of the required front yard shall be occupied by outside storage or display.

Outside storage and display areas shall occupy an area of less than one-half the existing building coverage.

Outside storage and/or display areas shall be shielded from view from the public streets and adjacent lots.

(2)

(3)

b) Uses requiring more substantial amounts of land areas for storage or display may be exempt from the provisions of paragraphs (H5)(a)(2) and (H5)(a)(3) above when granted as a special exception by the Zoning Hearing Board. Such uses shall be subject to the following additional provisions:

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(1) Neither the principal use nor the outside storage and display use shall encroach upon the minimum required yards and buffer yards of the district.

In particular, uses appropriate for consideration under this provision include, but are not limited to, nurseries (Use A l ) , lumber yards (Use E12), automotive sales (Use E15), truck sales (Use E17), terminals (Use F3), and truck terminals (Use G6).

(2)

(3) Among the uses that shall not be considered appropriate for inclusion under this provision are retail stores (Use El), repair shops (Use E6), gasoline service station (Use ElS), automobile repair garage (Use E17), sale of automobile accessories (Use E19), wholesale business and storage (Use G3), contractor offices and shops (Use G5), and crafts (Use G7).

Parking: None.

(H6) Temporary Stnrcture or US0

Temporary structure or use. A temporary permit may be issued for structures or uses necessary during construction or other special circumstances of a non-recurring nature, subject to the following additional provisions:

The time period of the initial permit shall be six (6) months. This permit may be renewed for three (3) month time periods not to

a)

exceed one (1) year.

Temporary structures or uses shall be subject to authorization by the Zoning Officer.

b)

c) Such structures or uses shall be removed or uses discontinued completely upon expiration of the permit without cost to the Municipality.

Parking: None.

(H7) Signs

Signs subject to the provisions and requirements of Article X.

(H8) Bed and Breakfast

The use and occupancy of a single-family detached dwelling shall be permitted for accommodating transient guests for rent, subject to the following additional conditions and restrictions:

a) Not more than six (6) guest rooms may be provided. No more than two (2) adults and two (2) children may occupy one (1) guest room.

b) The minimum lot size for the bed and breakfast use for the first two (2) guest rooms shall be three (3) acres for RC, two (2) acres for RA, one and one-hatf (1 1/2) acres for CR, one (1) acre for VR

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and one (1) acre for VC, and one (1) additional acre for each two (2) additional guest rooms.

One (1) off-street parking space shall be provided for each guest room, plus one (1) space for each employee and two (2) spaces for the owners of the property. The off-street parking spaces shall be located either to the rear of the main dwelling or screened from the roadway and adjoining properties by fencing or natural vegetation.

At least one (1 ) bathroom shall be provided for each two (2) guest rooms.

There shall be no use of show windows or display or advertising visible outside the premises to attract guests other than a single sign which may not exceed six (6) square feet.

No external alterations, additions, or changes to the exterior structure shall be permitted except as required by the Pennsylvania Department of Labor and Industry or for safety reasons as required by any other Governmental Agency.

The use shall be carried on primarily by members of the immediate family, who must reside on the premises. Non- resident employees shall be limited to two (2) in addition to the resident members of the family.

There shall be no separate kitchen or cooking facilities in any guest room. Food served to guests on the premises shall be limited to breakfast only.

The maximum, uninterrupted length of stay at a bed and breakfast shall be fourteen (1 4) days.

The use of any amenities provided by the bed and breakfast, such as swimming pool or tennis court, shall be restricted in use to the guests of the establishment.

The use may not be established until there is compliance with all Township tules and regulations.

In each case, the Township Zoning Officer shall make Certain that a Certificate of Approval has been obtained from the Bucks County Department of Health, and the Pennsylvania Department of Labor and Industry. If the Department of Health cannot certify the existing septic system, then the owner shall be responsible to bring the system in compliance with the requirements.

Only one bed and breakfast use shall be permitted per lot.

H(9) Garage, Commercial

Indoor parking for trucks, not to exceed 11,000 GVW (Class Four), used in conjunction with a permitted commercial use within a completely enclosed building, and not as a primary use of the land. Normal district setback requirement shall be observed for this use, rather than those for an accessory building.

87


Section 800 General

All uses and activities established after the effective date of this Ordinance shall comply with the following standards.

‘\, . Section 801 ,v Each site is unique. It has physical features which are rarely duplicated precisely on

another site. Portions of some sites may not be useable, and a minimum amount of buildable land should be retained for recreation. The purpose of this section is to determine the appropriate

z i e d m i i r to determine the net /-----, buildable site area:

(1)

3 106 . . intensity of use to which a specific tract may be put. W # *

e following calculation shall be a part of the initial plan * A

Base Site Area: Certain portions of tracts may not be useable for the activities proposed for the site; these shall therefore be subtracted from the site area to determine Base Site Area.

Gross buildable site area shall not include any of the following classes of land:

Land which is not contiguous or which is cut from the parcel by a road or other public easement.

a)

b) Land shown in previous subdivisions or land development plans as reserved from development for natural resource reasons such as floodplain lands.

c) Calculate base site area - subtract existing road and utilities rights-of-way and land in (a) and (b) above from total site area.

/ ‘

TOTAL SITE AREA

BASE SITE AREA

(2) Resource Protection Land: Calculate open space needed for resource protection.

Open Space Open Space Resource Aues Floodway 1 .oo

exceeding 30% 1 .oo 25% t0 30% 3 0 20% to 25Yo .85 15% to 20% .70

Flood Fringe Areas s,r

Resource &xes

w- $r $+% m. pcE”wt2 M.95 *.?c 8% to 15%

bpen Space Open Space

89

(4)

(5)

. TOTAL acres with Resource Protection Space limitations

Unrestricted Land: Calculate area not needed for resource protection - Base Site Area (1) minimum total acres with limitations from above (2).

BASE SITE AREA (1)

ACRES WlTH LIMITATIONS (2)

TOTAL UNRESTRICTED LAND (3) - - Recreation Space: Calculate open space required for RECREATION SPACE. While some'open space may be required for resource protection, the intent is to provide for useade public or common open space for active recreation. TOTAL UNRESTRICTED LAND from (3) above times 1/3 standard minimum open space ratio of the development

-type (Article IV of the Tinicum Township Zoning Ordinance), or the open space requirement of use Cl4).

TGY- TOTAL UNRESTRICTED LAND (3)

1/3 Developments standard open space ratio (Article IV of the Tiniarm Township Zoning Ordinance)

X

a RECREATION SPACE

Calculated Open Space: Determine total CALCULATED OPEN SPACE - add TOTAL RESOURCE PROTECTION SPACE (2) and RECREATION SPACE (4).

TOTAL RESOURCE PROTECTION (2)

+ RECREATION SPACE (4)

t CALCULATED OPEN SPACE

Standard Minimum Open Space: Determine the STANDARD MINIMUM OPEN SPACE RATIO for the particular development site. (Article IV of the Tinicum Township Zoning Ordinance or Use C14). Standard: Minimum open space ratio for the site (Article IV of the Tinicum Township Zoning Ordinance). Determine the standard minimum open space by multiplying the standard minimum open space ratio by the base site area.

BASE SITE AREA (1)

STANDARD MINIMUM OPEN SPACE RATIO (Article IV of the Tinicum Township Zoning Ordinance)

STANDARD MINIMUM OPEN SPACE IN ACRES

X

=

90

(7) Required Open Space: Determine the required open space by comparing the standard Minimum Open Space (6) with the Calculated Open Spacs (5). The required open space is whichever is greater.

/

STANDARD MINIMUM OPEN SPACE IN ACRES ! J

(6)

CALCULATED OPEN SPACE IN ACRES (5)

REQUIRED OPEN SPACE -WHICHEVER IS GREATER

Net Buildable Site Area: Determine the net buildable site area by subtracting the Required Open Space (7) from the Base Site Area (1).

BASE SITE AREA (1)

REQUIRED OPEN SPACE (7)

NET BUILDABLE SITE AREA ,

- - Number of Dwelling Units: Determine the number of dw-elling units. Multiply the maximum density for the development type (Article IV) by the net buildable site area (8).

NET BUILDABLE SITE AREA (8)

X MAXIMUM DENSrrY

I NUMBER OF DWELLING UNITS

Maximum Impervious Surface: Determine the maximum impervious surface. Multiply the maximum impewious surface ratio (Article IV) by the base site area (1).

MAXIMUM IMPERVIOUS SURFACE RATIO

X BASE SITE AREA (1)

= MAXIMUM IMPERVIOUS SURFACE IN ACRES I

Site Capacity Summary:

(7) Required Open Space (calculated open space or standard minimum acres open space whichever is greater)

(8) Net Buildable Site Area acres (9) Maximum Number of Dwelling Units dwellings (1 0) Maximum Impervious Surface acres

0

-.

Section 802

Section 802.01 General

The following natural resource protection standards shall be apdlkable to all development subject to the jurisdiction of the Township's Subdivision and Land Development Ordinance.*These standards are not applicable to the development, use, X or expansion of single lots for which no Subdivision or Land Development application is required. Site alterations, regrading, filling, or clearing of vegetation prior to final approval by the Governing Body shall be a violation of this Ordinance.

91

For proposed residential uses having a lot area greater than one (1) acre there- shall be an area within the overall lot of at least one (1) acre for primary building, accessory / buildings, driveways, parking areas, and on-site water and sewer systems.iThis area shall not encroach upon the natural resources in excess of the permitted intrusion set by 7- Section 802.022 For proposed residential uses having a lot area of one (1) acre or less, the lot areaThall not encroach upon the natural resources an amount exceeding the ,! permittedintrusion required by Section 802.02.

For proposed non-residential uses there shall be an area within the overall lot, of at least fifty (50) percent of the required lot area for the use, for the primary building, accessory buildings, driveways, parking areas, and on-site water and sewer systems.

---- "' /+:& Q , $0 z '

./ An encroachment map shall indicate the natural features and illustrate all disturbances of the identified natural features. This map is required for all applications.

c) Very steep slopes,with gradients Of 25% to 30%

d) Steep slopes with gradients of:

n

10%

15% 30% 4q%

i/ ; \? > 17 FLpYj, The natural resources listed in Section 802.02 are defined as follows:

All rivers, streams and canals, whether perennial or intermittent identified by the Soil Conservation Service, U.S. Department of Agriculture, in the

P m h i a C w e s . Pe-, July 1975, or other watercourses not specifically so identified, but meeting the same definitions.

I

i

: 92

Section 802 Natural Resource Restrictions

Section 802.03 Definitions of Natural Resources

The natural resources listed in Section 802.02 are defined as follows:

(3)

Areas adjoining any stream, pond or lake so defined and delineated by the following study or a study conducted by a qualified expert A qwiew&+ in the preparation of hydrological studies and the determination of flood lines and accepted by Tinicum Township:

Flood Insurance Study Township of Tinicum, Pa., Bucks County U.S. Department of Housing and Urban Development Federal Insurance Administration Community Parcel Number - 420205€W§B

Panels: 0069,0086,0087,0088,0089,0156,0157,0158 0159,0167,0180,0186,0190 and 0195

Wet ,mds

Marshes, swamps, and bogs, tm%&q-a Fei%-gf&%: :La, r “Tab - yL.uL.b* \ 1 - b . I n \ 6 ) CI ce ,wnich are subject to flooding and standing water. Wetlands lie elong streams, channels or

p?fee~&. Wetlands are areas with hydric soils that are saturated by water and support hydrophytic vegetation.

I 4 swales, or are adjacent to floodplain s o i l s j ” Y .Y \ ,:2)

Stormwater

Proposals shall limit the rate of stormwater runoff so that the rate of runoff generated by development is no more than the rate of runoff prior to development. All stormwater management measures must comply with the regulations of this Ordinance and the Tinicum Township Subdivision and Land Development Ordinance. Further, all stormwater management facilities which are required to satisfy this Ordinance are required to LZilize Best Management Practices to increase water quality benefits to the stormwater runoff. Oniy stormwater management facilities which meet PWo(2) or more of the four (4) primary benefits of Best Management Practices as set forth in the handbook “Pennsylvania Handbook of Best Management Practices for Developing Areas” (Pannsylvania Association of Conservation Districts, 1998), shall be allowed. The four (4) benefits of Best Management Practices are: protection of water quality, sediment control, groundwater recharge, and stormwater runoff peak attenu-+‘ d o n .

i

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 (2) or more acres in extent. Ponds are water bodies less than two (2) acres in extent.

3.

4.

Areas subject to periodic flooding and listed in the m e ! &Eu& P v C o w . P m s v m i a , U.S. Department of

Aariculture. Soil Conservation Service, July 1975, as being "on the f6odplain"'or "subject to flooding." .The-following floodplain soils:

Alluvial land Hatboro silt barn Alton gravelly Marsh

B0~manSVill8 silt Rowhnd silt loam barn flooded Pope barn

. barn

(b) thru (d) 9 ( +!&F~MA- l.b- ,&$$a!?* A&

Areas where the slope exceeds eight (8) percent are subject to high rates o p:;&--c~- I stormwater funoff and erosion, and require protection. When the slope is greater . than thirty (30) percent, a fifty (50) foot wide band, measured horizontally above dn&r 3-61, the thirty (30) percent slope, shall be totally protected from intrusion, because of &\I v,l;- the additional problems the steepness of the slope creates.

Marshes, swamps, a which are subject to channels or swales, than one-half (1/2) p

quarter (114) acre lie along streams,

ave a slope of less

(9 The shorelines of lakes shall be one-hundred-fifty (150) feet and of ponds seventy-five (75) feet horizontally beyond the spillway crest elevation.

93

‘ 0

Areas, groves, or stands of mature or largely mature trees (Le. greater than three (3) inches caliper), covering an area greater than onequarter (114) of an acre, or groves of mature trees (greater than twelve (12) inches caliper), consisting of ten (1 0) individuals.

Section 803

Section 803.01 Naise

(a) The sound level of any operation (other than the operation of motor vehicles or other ground transportation facilities on public highways, operations involved in the construction or demolition of stmctures, emergency alarm signals or time signals) shall not exceed the decibel levels in the designated octave bands as stated below. The sound pressure level shall be measured with a Sound Level Meter and Octave Band Analyzer that conform to specifications published by the American National Standards Institute. (American National Standard Specification for Sound Level Meters, S1.4-1971, American National Standards Institute, Inc., New York, New York, and the American Standard Specification for an Octave, Half Octave, and Third Octave Band Filter, Sets, S1.11-1966, R 1971, American National Standard Institute, Inc., New Yo&, New York shall be used).

Sound pressure levels shall be measured at the property line upon which the emission occurs. The maximum permissible sound-pressure levels for smooth and continuous noise shall be as follows. (All of the decibel levels stated below shall apply in each case.)

(b)

Frequency Band Maximum Permitted (Cycles per Second) Sound-Pressure Level (Decibel)

20 - 75 75 - 150

150 - 300 300 - 600 600 - 1200

1200 - 2400 2400 - 4800

Above 4800

60 54 47 41 37 34 31 28

(c) If the noise is not smooth and continuous or is radiated during sleeping hours, one or more of the corrections below shall be added to or subtracted from each of the decibel levels given above.

Noise occurs between the hours of 7:OO a.m. and 1O:OO p.m. (Daytime)

Noise occurs for less than five (5) percent of any one (1) hour period

Noise is of periodic character (hum, scream, etc.) or is of impulsive character, (hammering, etc.). (In the case of impulsive noise, the

Corrections in Decibels

+3

+3

-5

94

conection shall apply only to the average pressure during an impulse, and impulse peaks shall not exceed the basic standards given above.)

Section 803.02 Smoke

No smoke of visible gray opacity greater than No. 1 on the Ringlemann Smoke Chart as published by the US. Bureau of Mines shall be emitted from any chimney or other source except that smoke of a shade not darker than No. 2 on the Ringlemann Chart may be emitted for not more than four (4) minutes in any thirty (30) minute period.

Section 803.03

(a) The emission of dust, dirt, fly ash, fumes, vapors or gases which can cause any damage to human health, to animals, to vegetation, or to property, or which can cause any soiling or staining of persons or property at any point beyond the lot line of the use creating the emission, is herewith prohibited.

No emission of liquid or solid particles from any chimney or other source shall exceed three-tenths (0.3) grains per cubic foot of the carrying gas at any point beyond the lot line of the use creating the emission. For measurement of the amount of particles in gases resulting from combustion, standard correction shall be applied to a stack temperature of five hundred (500) degrees Fahrenheit and fifty (50) percent excess air In stack at full bad.

(b)

Section 803.04 Haal

No use shall produce heat perceptible beyond its b t lines:

Section 803.05 Pppr

No use shall emit odorous gases or other odorous matter in such quantities as to be offensive at any point on or beyond its b t lines. Nothing herein shall be construed to restrict normal farming practices.

Section 803.06 a No use shall produce a strong, dazzling light or a reflection of a strong, dazzling

light beyond its b t lines.

Section 803.07

No use shall cause earth vibrations or concussions in excess of the standards outlined bebw, with the exception of that vibration produced as a result of construction activity. The standards below are as set forth in the Table of Frequency Amplitude Relatbns. Vibration shall be expressed as displacement in inches and shall be measured with a standard three component measuriq system, which is a device for recording the intensity of any vibration in three mutually perpendicular directions.

Frequency of Ground Motion in Cycles per Second

up to 10 20 30 40 50 60

Maximum Amplitude of Ground Motion in Inches, not more than

0.0305 0.0153 0.01 02 0.0076 0.0061 0.0051

95

Section 803.08

The following requirements shall apply to non-residential land uses.

(a) No liquids, solids or gases having a flash point less than seventy-three (73) degrees fahrenheit (as specified in the National Fire Code Vol. 12 and 13, National Fire Protection Association), shall be stored in bulk above ground, except tanks or drums of fuel, having a maximum capacity of three-thousand (3,000) gallons, connected directly with energy devices or hearing appliances located and operated on the same lot as the tanks or dmms of fuel.

Capacity of Flammable Mlerials Permitted, Gallon'

Flash Point Closed cup tester

Above Ground

140 F or higher 10,000

5,000

3,000

74 F to 139 F

73 F or less, fuels connected to energy devices

(b) All outdoor storage facilities for fuel, raw materials, and products, and all fuel, raw materials and products stored outdoors, shall be enclosed by an approved safety fence.

(c) No materials or wastes shall be deposited upon a lot in such form or manner that they may be transported off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life, be albwed to enter any stream or watercourse.

(d) All materials or wastes which might cause fumes or dust, or which constitute a fire hazard, or which may be edible or otherwise attractive to rodents or insects, shall be stored outdoors only if enclosed in containers adequate to eliminate such hazards.

(e) Radioactivity and Electrical Disturbance: There shall be no activity which emits dangerous or harmful radioactivity. There shall be no electrical disturbance adversely affecting the operation of any equipment beyond the property line of the creator of such disturbance.

\ (a) Development - any man-made change to improved or unimproved real estate including but not limited to buildings or other structures, the placement of r

, \ .-* ,\,- A

-1- ,-? .;'e manufactured homes, streets, and other paving, utilities, filling, grading, excavation, mining, dredging, or drilling operations and the subdivision of land.

Flood - a temporary inundation of normally dry land areas. (&<;;>" -?

(b)

1 When flammable gases are stored and measured in cubic feet, h e quantities of cubic feet at standard temperature and pressure permitted sttall not exceed thirty (30) times the quantities listed above. a

I

1 1 I I I I I 1 96

Flood Fringe - that portion of the floodplain outside the floodway and where one- hundred (100) year flood elevations have been provided in the Township Flood Insurance Study.

Floodplain - (1) a relatively flat or low land area adjoining a river, stream, or watercourse which is subject to partial or complete inundation: (2) an area subject to the unusual and rapid accumulation of runoff of surface waters from any source . Floodway - the designated area of a floodplain required to carry and discharge flood water of a given magnitude. For the purposes of this Ordinance the floodway shall be capable of accommodating a flood of the one-hundred (100) year magnitude.

Manufactured Home means 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 connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers, and similar vehicles placed on the site for greater than 180 consecutive days.

Manufactured Home Park or Subdivision means a parcel ( or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

One-hundred (100) Year Flood - a flood that, on the average, is likely to occur once every one-hundred (100) years (ia, that has a one (1) percent change of occurring each year, although the flood may occur in any year).

Substantial Improvement - Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either,

(1) before the improvement or repair is started or

(2) if the structure has been damaged, and is being restored, before the damage occurred.

For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either,

(3) any project for improvement of a stnrcture to comply with existing stat8 or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions or

(4) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

Approximate One-hundred (100) Year Flood Plain - That portion of the flood plain as identified on the Flood Insurance Study for which no flood profiles or one- hundred (100) year flood elevation have been provided." I

97

tine C-D is the flood elevation after encroachment 'Surcharge Not To Exceed 1 .O Foot (FIA Requirement) Or Lesser Amount

Section 804.01 Purnase The purpose of these provisions is to prevent the loss of property and life, the

creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and to protect the tax base by:

(a) Regulating uses, activities, and development which, acting alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in fbod heights, velocities and frequencies.

Restricting or prohibiting certain uses, activities, and development from locating within areas subjed to flooding.

Requiring all those uses, activities, and development that do occur in flood-prone areas to be protected and/or floodproofed against flooding and flood damage.

Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards.

(b)

(c)

(d)

Section 804.02

These provisions shall apply to all lands within the jurisdiction of Tinicum Township and shown as being located within the boundaries of the designated floodplain districts which are considered as a part of the Official Zoning Map.

I

1

I 1 I I 1 I I I I 98

Section 804.03

No structure or land shall hereafter be used and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this Ordinance and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this Ordinance.

Section 804.04

The degree of flood protection sought by the provisions of this Ordinance is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This Ordinance does not imply that areas outside the floodplain districts or that land uses permitted within such districts will be free from flooding or flood damages.

This Ordinance shall not create liability on the part of the Township or any officer or employee thereof for any flood damages that resutt from reliance on this Ordinance or any administrative decision lawfully made thereunder.

Section 804.05

A.

For the purposes of this Ordinance the various floodplain districts shall include those areas identified as being subject to the one-hundred (100) year flood, in the Flood Insurance Study prepared for Tinicum Township by the Federal

+ c (1) The Fbodway District (FW) is delineated for purposes of this Ordinance using the criteria that a certain area within the floodplain must be capable of carrying the waters of the one hundred (100) year flood without increasing the water surface elevation of that flood more than one (1) foot at any point. The Floodway District is shown on the Tinicum Township Official Zoning Map. The areas included in this District are specifically defined in the Floodway Data Table of the above referenced Flood Insurance Study and shown on the&mpanying Flood Boundary and Floodway map.

The Flood-Fringe District (FF) shall be that area of the one-hundred (1 00) year floodplain not included in the Floodway District. The basis for the outermost boundary of this District shall be the one-hundred (100) year flood elevations contained in the flood profiles of the above referenced Flood Insurance Study (FIS) and as shown on the accompanying Flood Boundary and Floodway map.

The Approximate One-hundred (100) Year Flood Plain (FA) shall be that floodplain area for which no detailed flood profiles or elevations are provided. Such areas are shown on the maps accompanying the Flood Insurance Study. In determining the necessary elevations for the purposes of this Ordinance, other sources of data may be used, such as:

(a) (b) (c)

.\&.- Insurance Administration. - J '..'- + - \ t i

r ,! '*,? !W

'I LJ

~~ f - b \ L-$

r T

or L J L Z G 4 &?.4 k6 @..'....?OC 1.3%)

(2)

(3)

Corps of Engineers Floodplain Information Reports; U.S. Geological Survey - Flood prone Quadrangles; U.S.D.A., Soil Conservation Service - County Soil Surveys (Alluvial Soils) or P.L. 566 Flood Information;

99

(d)

(e)

PA Department of Environmental Resources - Flood Control lnvestigat ions; Known high water marks from past floods.

(1) The Fbodplain districts described above shall be overlays to the existing underlying districts as shown on the Official Zoning Ordinance Map, and as such, the provisions for the Floodplain Districts shall serve as a supplement to the underlying zoning district provisions.

Where there happens to be any conflict between the provisions or requirements of any of the Floodplain Districts and those of any underlying zoning district the more restrictive provisions and/or those pertaining to the Floodplain Districts shall apply.

(2)

(3) In the event any provision concerning a Floodplain District is declared inapplicable as a resutt of any legislative or administrative actions or judicial discretion, the basic underlying zoning district provision shall remain applicable. .

Section 804.06

The boundaries of the Floodplain Districts are established as shown on the Official Zoning Map of Tinicum Township which is declared to be a part of this Ordinance and which shall be kept on file at the Tinicum Township Offices.

Section 804.07

The delineation of any of the Fbodplain Districts may be revised by the Township where natural or man-made changes have occurred and/or more detailed studies conducted or undertaken by the U.S. Army Corps of Engineers, a River Basin Commission or other qualified agency or individual documents the notification for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration (FIA).

Section 804.08

Initial interpretations of the boundaries of the Floodplain Districts shall be made by the Zoning Officer. Should a dispute arise concerning the boundaries of any of the Districts, the Zoning Hearing Board shall make the necessary determination. The persons questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present their case to the Board and to submit their own technical evidence il they so desire.

Section 804.09

A Zoning permit shall be required for all proposed consttuction and devebpment within the floodplain district.

All uses, activities, and development occurring within any Floodplain District shall be undertaken in strict compliance with the provisions of this Ordinance and with all other applicable codes and ordinances such as the Tinicum Township Subdivision and Land Development Ordinance. (In addition, all such uses, activities, and development shall be undertaken only in compliance with Federal or State law including Section 404 of the Federal Water Pollution Control Act Amendments of 1972,33 U.S.C. 1334.)

100

Under no circumstances shall any use, activity and/or development adversely afl ect the capacity of the channels or floodways of anyweWsauw, drainage ditch, or any

Prior to any proposed alteration or relocation of any stream, watercourse, etc., within the municipality, a permit shall be obtained from the Department of Environmental Resources - Dams and Encroachment Division. Further, notification of the proposal shall be given to all affected adjacent municipalities. Copies of such notifications shall be forwarded to both the Federal Insurance Administration and the Department of Community Affairs.

other drainage facility or system. &-4f <3l..>

J *i- Section 804.1 0

In the Floodway District (FW) no development shall be permitted except where the effect of such development on flood heights is fully offset by accompanying improvements which have been approved by all appropriate local and/or state authorities as required above.

A. Permitted Uses

In the Floodway District the following uses and activities are permitted provided that they are in compliance with the provisions of the underlying zoning district and are not prohJbited by any other ordinance and provided that they do not require structures, . . . fill or storage of materials and equipment.

&,kL 5 Agricuttural d e s such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, tmdc farming, forestry, sod farming, and wild crop harvesting.

Public and private recreational uses and activities such as parks, day camps, picnic grounds, golt courses, boat launching and swimming areas, hiking and horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries, trap and skeet game ranges, and hunting and fishing areas.

Accesso-Q' residential uses such as yard areas, gardens, play areas, and pervious parking area. \-. _ _ _-- - ---

B. Uses Permitted by Special Exception

The following uses and activities may be permitted by Special Exception provided that they are in compliance with the provisions of the undertying zoning district, in conformance with Section 804.09 and are not prohibited by any other Ordinance:

Structures except for manufactured homes accessory to the uses and activities in Section 804.1 0 (A).

Water-related uses and activities such as marinas, docks, wharves, piers, etc.

Extraction of sand, gravel, and other materials.

I 101

\L() css F)”

Temporary uses such as drams, carnivals, and similar adiviiies.

Storage of materials and equipment, provided that they are not buoyant, flammable or explosive, and are not subject to major damage by f w i n g , or provided that such materials and equipment are firmly anchored to prevent flotation or movement.

All uses, activities, and stmctural developments, shall be undertaken in strict compliance with the floodproofing provisions contained in all other applicable codes and ordinances.

(6)

C. Uses Specifically Prohibited

See Sections 804.12 and 804.14 (A) for the kinds of development which are specifically prohibited within the Fbodway District (FW).

Section 804.1 1

A. Permitted Uses

In the Flood-Fringe District and Approximate One-hundred (100) Year Flood Plain District the development and/or use of land shall be permitted in accordance with the regulations of the underlying zoning district provided that all such uses, activities, and/or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in all other applicable codes and ordinances. Within the Approximate Fbod Plain District, no new construction or

1 development shall be located within the area measured fifty (50) feet landward -__------- from the topof-bank of any watercourse, unless a permit is obtained from the

depar tmen t of Environmental Resources, Bureau of Dams and Watenvays Management.

Special Provisions for Certain Uses and Development

See Section 804.12, 804.13 and 804.14 for special requirements and procedures for certain kinds of development within the Flood-Fringe District (FF) and Approximate One-hundred (1 00) Year Fbod Plain District.

Section 804.1 2 of Dev-

% 3

B.

Districts

Development which may endanger human life.

1. In accordance with the Pennsylvania Floodplain Management Act, and the regulations adopted by the Department of Community Affairs as required by the Ad, any new or substantially improved stmdure which will be used for the production or storage of any of the following materials or substances, or any activity requiring the maintenance of a supply of more than five-hundred-fifty (550) gallons or other comparable volume, of any of the following materials or substances on the premises, shall be subject to the provisions of this section, in addition to all other applicable provisions. No amount of radioactive substances shall be permitted.

a. Ace to ne b. ’ Ammonia C. Benzene d. Calcium cabide

102

2.

3.

Section 804.13

e. 1. 9. h.

j. k. 1. m. n.

P. 9-

r.

1.

0 .

Carbon disulfide Celluloid Chlorine Hydrochloric Acid Hydrocyanic Acid Magnesium Nitric acid and oxides of nitrogen Petroleum products (gasoline, fuel oil, etc.) Phosphorus Potassium Sodium Sulphur and sulphur products Pesticides (including insecticides, fungicides and rodenticides) Radioactive substances, insofar as such substances are not otherwise regulated Any material identified as toxic or carcinogenic

Within any Floodway District (FW), any structure of the kind described in Section 804.12 (1) above shall be prohibited.

Within any Flood-Fringe District (FF) or Approximate One-hundred (1 00) Year Flood Plain Area District any structure of the kind described in Section 804.12 (1) above shall be:

a. Elevated or designed and constructed to remain completely dry, up to at least one and one-half (1 1/2) feet above the one- hundred (1 00) year flood and

Designed to prevent pollution from the structure or activity during the course of a one-hundred (100) year flood.

Any such structure, or part thereof, that will be built below the Regulatory Flood Elevation shall be designed and constructed in accordance with the standards for completely dry flood-proofing contained in the publication "Flood-Proofing Regulations." (U.S. Army Corps of Engineers, June 1972), or with some other equivalent water tight standard.

b.

Section 804.1 4

1. 2. 3. Jails 4.

Hospitals - public or private Nursing Homes - public or private

New manufactured home parks and expansions to existing manufactured home parks

No manufactured home shall be permitted in the Floodway or Flood Fringe or Approximate One-hundred (100) Year Flood Plain Area Districts except as a non- conforming use which predates the enactment of this Ordinance. Pre-existing manufactured home parks situated within the floodplain shall not be permitted to expand the number of manufactured home sites over that which prevailed at the time of the enactment of this Ordinance. Any manufactured homes placed in an existing manufactured home park shall be anchored in accordance with the following provisions:

anchored to resist flotation, collapse, or lateral movement by providing over-the- top and frame ties to ground anchors in accordance with the American National Standards as specified in the Standard for the Installation of Manufactured Homes, including Manufactured Home Park Requirements (CNFPA No. 501 A- 1974 CANS A119.3 - 1975) as amended for Manufactured Homes in Hurricane Zones or other appropriate standards such as the following:

a. over the top ties shall be provided at each of the four (4) comers of the manufactured home, with two (2) additional ties per side at intermediate locations for units fifty (50) feet or more in length, and one (1) additional tie per side for units less than fifty (50) feet in length.

frame ties shall be provided at each comer of the manufactured home, with five (5) additional ties per side at intermediate kcations for units fifty (50) feet or more in length, and for four (4) additional ties per side for units less than fifty (50) feet in length.

all components of the anchoring system shall be capable of carrying a force of four-thousand-eight-hundred (4,800) pounds.

b.

C.

Section 804.15

A structure or use of a structure or premises which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions, may be continued subject to the following conditions:

Existing structures andlor uses located in any floodway district shall not be .& expanded or enlarged unless the effect'of the proposed expansion or ; enlargement on flood heights is fully offset by+qmpanying improvements.

The modification, alteration, repair, reconstruction, or improvement f any kind'to a stmdure and/or use regardless of its location in a floodplain district -Po an extent or amount of fifty (SO) percent or more of its market%li.iaxhallt6iirertaken only in full compliance with the p *

J,A.

!<B. L--,

-- __

', ~

1

s of this and any other applicable ordinance.

es - A- to be C a m . . Section 804.1 6

In passing upon applications for Special Exceptions and Variances the Zoning Hearing Board shall consider all relevant factors and procedures specified in other sections of the Zoning Ordinance and the following:

A. The danger to life and property due to increased flood heights or velocities caused by encroachments. No special exception or variance shall be granted for any proposed use, development, or activity that will cause any increase in flood levels in the Floodway District, or that will cause any increase in flood levels during the one-hundred (100) year flood.

6.

C.

D.

E.

The danger that materials may be swept on to other lands or downstream to the injury of others.

The proposed water supply and sanitation systems and the capacity of these systems to avoid disease, contamination, and unsanitary conditions.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.

The importance of the services provided by the proposed facility to the community.

I

I

1 I I I 1 I I I

104

F.

G.

The requirements of the facility for a waterfront location.

The availability of alternative locations, not subject to flooding, for the proposed use.

H. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

1.

J.

K.

' The relationship of the proposed use to the comprehensive plan and flood plain management program for the area.

The safety of access to the property in times of flood to ordinary and emergency ve hicks.

The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site.

. I

The Zoning Hearing Board may refer any application and accompanying documentation pertaining to any request for a special exception of variance to any

. engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for protection and other related matters.

Special exceptions and/or variances shall be issued only after the Zoning Hearing Board has determined that the granting of such will not result in (a) unacceptable or prohibited increases in flood heights, (b) additional threats to public safety, or (c) extraordinary public expense, or will not (d) create nuisances, (e) cause fraud or victimization of the public, or (9 conflict with kcal laws or ordinances.

Section 804.1 7

If compliance with any of the requirements of this Ordinance b uuld result in an exceptional hardship for a prospective builder, developer, or landowner, the Zoning Hearing Board may, upon request, grant relief from the strict application of the requirements.

Requests for variances shall be considered by the Zoning Hearing Board in

No variance shall be granted for any construction, development, use or activity within any floodway area that would cause any increase in the one-hundred (100) year flood elevation.

accordance with the following:

(a)

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

(c) The Zoning Hearing Board shall notify the applicant in writing with the signature of a community official that (i) the issuance of a decision to allow construction of a structure below the One-hundred (100) Year Flood Elevation will resull in increased premium rates for flood insurance, (ii) such construction below the One-hundred (100) Year Flood Elevation increase risks to life and property. Such notification shall be maintained with a record of all decisions as required in paragraph (e) of this Section; and

(d) In reviewing any request for a variance, the Zoning Hearing Board shall consider, but not be limited to the following:

105

(1)

(2)

(3)

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 not resutl in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense, or will not create nuisances, cause fraud on, or victimization of the public or conflid with any other applicable local or State ordinance and regulation.

(e) A complete record of all variance requests and related actions shall be maintained by the Zoning Hearing Board. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Insurance Administration.

Notwithstanding any of the above, however, all structures shall be designed and

Except for a possible modification of the freeboard requirement, no other variance shall be granted to the requirements of Section 804.12.

constructed so as to have the capability of resisting the one-hundred (100) year flood.

(1) .-.--

Section 804.18

All new construction and substantial improvements of residential structures must have the lowest floor (including basement) elevated to the One-hundred (100) Year Fbod Elevation. All new construction and substantial improvements of non-residential structures must have the lowest floor (including basement) elevated to the One-hundred (100) Year Flood Elevation: or, together with attendant utility and sanitary facilities, be .i/ .;>c4kc designed so that below the One-hundred (100) Year Flood Elevation the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

Require for all new construction and substantial improvements that fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls be allowing for the entry and exit of floodwaters. 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 have a total net area of not less than one square inch for every square foot of encbsed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.

, I

I- .,-

b =I D , >

Section 804.19 a ~k*~ar -o pr4. 94 c+?J -r"e. ptt%I~Aw@wJ:

If fill is used to -- Fill shall extend beyond a structure for a sufficient distance to provide acceptable access. For residential structures, fill shall extend laterally fifteen (15) feet beyond the building line from all points. For non-residential structures, fill shall be placed to provide access acceptable for intended use. At-grade access, with full extending laterally fifteen (15) feet beyond the building line, shall be provided to a minimum of twenty-five (25) percent of the perimeter of a non-residential structure.

f : I

(a)

' 0 i

I I 106

(b) Fill shall consist of soil or rock materials only. Rocks shall be no bnger than two (2) inches to three (3) inches.

(c) Fill material shall be compacted eighty-five (85) percent and accomplished in six (6) inch to eight (8) inch layers to provide the necessary stability and resistance to erosion, scouring, or settling.

Fill slopes shall be no steeper than one (1) vertical on three (3) horizontal unless substantiating data justifying steeper slopes are submitted to and approved by

Fill shall be used only to the extent to which it does not adversely affect adjacent properties.

(d)

the- . Tdl ~qJtq1 ri b-7' (,Gd' ILSj" i4'q u,

(e)

Section 804.20

(a) All buildings and structures shall be constructed and placed on the lot so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum obstruction effect upon the flow and height of flood water.

Floodway: fences, except two (2) wire fences, other matter which may impede, retard, or change the direction of the flow of water or that will catch or collect debris carried by such water, or is placed where the natural flow of the stream or flood waters would cany the same downstream to the damage or detriment of either public or private property adjacent to the flood plain.

J

$I

, (b) The following shall not be placed or caused to be placed in the designated

il y-6~ -

Section 804.21

(a) All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, and lateral movement, thus reducing the threat to life and property and decreasing the possibility of the blockage of bridge openings and other restricted sections of the watercourse.

All air ducts, large pipes and storage tanks located at or below the One-hundred (1 00) Year Flood Elevation shall be firmly anchored to resist flotation.

(b)

Section 804.22 Staraae

No new construction which stores materials that are buoyant, flammable, explosive, or in times of flooding could be injurious to human, animal or plant life, shall be stored below the One-hundred (100) Year Flood Elevation.

Section 804.23

For all proposed subdivisions, manufactured home parks or subdivisions or other

All new or replacement water systems, located in the Flood Plain District, whether public or private, shall be flood-proofed to the One-hundred (100) Year Flood Elevations.

development the Zoning Officer shall require that:

(a)

(b) All new or replacement sanitary disposal systems, including on-site systems, located within the Flood Plain District, whether public or private shall be flood- proofed to the One-hundred (100) Year Flood Elevation.

All other new or replacement public and/or private utilities and facilities shall be elevated or flood-proofed to the One-hundred 100) Year Flood Elevation.

(c)

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(d) Electric, heating, ventilation, plumbing and air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

Section 804.24 Drainaae Adequate drainage shall be provided to reduce exposure to flood hazards.

Section 804.25

(a) Purpose of the Zoning Permit and Plans

Before any new construction or substantial improvements can be undertaken in the flood plain zone, an application for a zoning permit, accompanied by a site plan, shall be made, in writing, to the Zoning Officer for approval. Where necessary, as indicated below, additional plans and information shall be submitted with the application.

The purpose of a zoning permit is to verify that all new construction or substantial improvements adhere to the following standards:

(1)

(2)

Name and address of applicant.

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

(a) (4) Site location.

(5)

Name and address of the contractor.

Brief description of the proposed work and estimated costs.

(6) A site plan, showing the exact size and location of the proposed construction as well as any existing buildings or structures, and also showing the One-hundred (100) Year Flood Line.

In addition, the following must be included farastructure which U the One-hundredO01 Year FLMd Flevatipn:

. . (b)

(7) A plan showing the size of the proposed stnrcture and its relation to the lot where it is to be constructed.

(8) The elevations of the existing ground, the proposed finished ground and the lowest floors, certified by a registered professional engineer, surveyor or architect.

(9) A plan showing the method of elevating the proposed structure, including details of fills, pile structures, retaining walls, foundations, erosion protection measures, etc. These plans shall be prepared by a registered professional engineer or architect.

(1 0) A plan showing the methods to be used to protect mechanical and utility equipment (including electrical) from flooding.

(c) For n0n-r-e to be floadDraofed tothe 100 Yearr Flood Flevatiqn, the following must be included:

108

For a non residential structure etc.

(1 1) Plans prepared by a registered professional engineer or architect, showing details of all flood-proofing measures, the size of the proposed structure and its relation to the lot where it is to be constructed.

(12) The elevations of existing ground, proposed finished ground, lowest floors and flood-proofing limits, all certified by a registered professional engineer, surveyor or architect.

A certificate prepared by the registered engineer or architect who prepared the plan in (1 1) above, certifying that the structure in question together with attendant utility and sanitary facilities, is designed so that:

The structure is watertight below the One-hundred (100) Year Flood Elevation, with walls substantially impermeable to the

(0 passage of water.

(13)

(ii) The structure will withstand the hydrostatic, hydrodynamic, buoyant, impact and other forces resulting from the flood depths, velocities, pressures and other factors associated with the One- hundred (1 00) Year Flood.

new 81 o t h a . . . (d) If, in addition, the proposed plan involves -n of

-, the following shall be submitted:

(14) The name of the engineer or surveyor responsible for providing the information required below.

(15) A map showing the location of the proposed subdivision or development, or both, with respect to Tinicum's flood plain areas, proposed lots and sites, fills, flood or erosion protective facilities and areas subject to special deed restriction.

One-hundred (1 00) Year Flood Elevation data for any areas greater than fifty (50) lots or five (5) acres, whichever is the lesser.

(1 6)

(17) If subdivision or development or both lies partially or completely in flood plain areas, the plan map shall include detailed information giving location and elevation of proposed roads, public utilities and building sites. Such map shall also show contours at intervals of two (2) to five (5) feet, depending on the slope of the land, accurately identifying the boundaries of the flood plain areas.

Designs for meeting this requirement should be certified by either a registered professional engineer or architect, so that the structure meet the requirement of Section 804.1 8.

(e)

The of U e s of the m n and Acco- P l a u . . Section 804.26 Reauired

(a) For new construction or substantial improvement on a structure:

Two (2) copies of the application and plans submitted to the Zoning Officer:

(1) (2)

One (1) copy for the Zoning Officer. One (1) copy for the Zoning Officer to submit to the Township Engineer.

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Section 804 Flood Plain Standards

Section 804.26 The Number of Copies of the ApDlication and Accornpanvina Plans Reauired

(b) For a subdivision of land, new or other development:

&+@) Seven (7) copies of the application and plans submitted to the Zoning Officer:

(1) (2) (3)

(4) (5)

(6)

(7‘)

One (1) copy for the Zoning Officer. One (1) copy for the Zoning Officer to submit to the Township Engineer. One (1) copy for the Zoning Officer to submit to the Township Planning Commission. One (1) copy for the Zoning Officer to submit to the Board of Supervisors. One (1) copy for the Zoning Officer to submit to the County Soil and Water Conservation District. One (1) copy for the Zoning Officer to submit to the Department of Environmental Resources . One (1) copy for the Zoning Officer to submit to the Township Environmental Advisory Committee.

Section 805 Steep Slope Conservation District

The purpose of this Section is to expand upon the Purpose and Community Development Objectives associated with environmental protection and the preservation of natural resources expressed in Section 102. Further, the provisions of this Section are designed to encourage the sensitive treatment of hillsides and their related soil and vegetation resources in an effort to minimize adverse environmental impacts. The following otjectives serve to complement these specific purposes and the overall purposes of this Ordin- once:

To conserve and protect steep and very steep slopes from inapprcpriate development such as excessive grading, landform alteration and extensive vegetation removal.

To avoid potential hazards to property and the disruption of ecological balance which may be caused by increased runoff, flooding, soil erosion and sedimentation, blasting and ripping of rock, and landslide and so i l failure.

To encourage the use of steep and very steep slopes for open space and orher uses which are compatible with the preservation of natural resources and protection of areas of environmental concern.

General Provisions

Compliance

No area within the Steep Slope Conservation District shall hereafter be used without full complia;ice with the terms of this Section and otner applicsble regulations.

(b) Preservation of Other Restrictions

It is not intended by this Section to repeal, abrogate or impair any regulations set forth in any other Provisions of this Ordinance, any regulations of the Subdivision and Land Development Ordinance, or any easements, covenants or deed restrictions, except that where this Section imposes greater restrictions, its provisions shall prevail. Further, nothing contained in this Section shall diminish in any way the provisions of the Pennsylvania Clean Streams Law and/or Chapter 102 of the PA DEP Rules and Regulations, or any other applicable state, federal, county or township regulations, codes, ordinances, and the like.

(c) Boundary Definition and Mapping

The Steep Slope Conservation District is comprised of areas of steep and very steep slopes, as shown on the Steep Slope Conservation District Map which is included in Appendix A and made part of this Ordinance. The map constitutes only a general representation of steep and very steep slopes, based on the analysis of the contours displayed on the United States Geological Survey (USGS) Quadrangles. As such, refined mapping will be required to more accurately define the District, as specified in Section 805.A.(c)(5) below.

Areas of Steep Slope are characterized by a change in elevation from fifteen (15) to 'Wenty-five (25) percent over a specified distance or contour interval.

Areas of Very Steep Slope are characterized by a change in elevation greater than or equal to twenty-five (25) percent over a specified distance or contour interval.

The Steep Slope Conservation District Map shall be considered as an overlay to the Tinicum Township Zoning Map subject to the following:

(i) The District shall have no effect on the permitted uses in the underlying zoning district, except where said uses, intended to be located within the boundaries of the District, are in conflict with the permitted uses set forth in Section 805.8.

(ii) In those areas of the Township where the District applies, the requirements of the District shall supersede the requirements of the underlying zoning district(s). .

(iii) Should the District boundaries be revised as a result of judicial decision, the zoning requirements applicable to the area in question shall revert to .the requirements of the underlying zoning districqs) without consideration of this Section.

Interpretation of District Boundaries

(i) The Steep Slope Conservation District Map shall be used as a general guide for determining the boundaries of the District. In any application for subdivision andor land developxent, the applicant shall, using two (2) foot contours, delineate slopes from fifteen (15) to twenty-five (25) percent and greater than or equal to twenty-five (25) percent. Further, the Applicant shall us2 an actual field

111

topographic survey as the source of contour information and the basis for depicting such slope categories. However, for the purposes of this Section, the use regulations of Section 805.6. shall only apply in the following cases:

[a] In the case of a subdivision and/or land development, where two (2) foot contours shall be shown, the representative sample of a steep slope or very steep slope shall be based on a cumulative change in grade of four (4) feet or more. Therefore, all steep and very steep slope areas shall be shown, but only those occurring over two (2) consecutive contour intervals will invoke the use restrictions herein.

(ii) Once delineated, the mapping of the Applicant will be reviewed by the Township Engineer. The Applicant will be required to follow all regulations of this Section for those areas which reflect steep slope and very steep slope conditions as determined through the Township Engineer's review.

Section 8058 Use Requlations

(a) Areas of Very Steep Slope (greater than 25 percent)

(1) permitted Principal Uses

(i)

(ii)

(iii)

(iv)

Agricultural uses that do not require structures;

Conservation and recreation uses not requiring structures.

Structures existing prior to the effective date of this Ordinance.

Front, rear and side yards of any lot or tract.

(2) Conditional Uses

(i) The following uses and their related accessory uses, provided that no more than ten percent (10%) of very stsep slopes are disturbed and that a satisfactory Environmental Impact Assessment Report is prepared, as set forth in Section 807.

[a]

[b] Agricultural structures and cultivation.

Conservation and recreation uses requiring structures.

[c] Accessory uses customarily incidental to any c f the foregoing.

[d] Accessory structures to any uses permitted in Section 805. B .(a)( 1 ) .

(3) Prohibited Uses and Activities

(i) Cut and fill, other than in asscciation with any uses related to Sections 805.B.(a)(i) and SOS.S.(a)(2).

1'2

(ii) Soil, rock or mineral extraction.

(iii) Removal of topsoil.

(iv) On-lot sewage disposal systems.

(b) Areas of Steep Slope (15 to 25 percent)

(1) Permitted Principal Uses

(i) Any principal use permitted in Section 805.B.(a)(l)

(2) Conditional Uses

(i) The following uses and their related accessory uses, provided a satisfactory Environmental Impact Assessment Report is prepared, as set forth in Section 807.

[a] Any conditional uses identified in Section 805.B.(a)(l), and the following:

[b] Single-family detached dwellings.

[c] .' Stormwater management facilities.

[d] Accessory uses and structures customarily incidental to the foregoing.

(3) Prohibited Uses and Activities

(i) Cut and f i l l other than in association with any uses related to Sections 805.B.(b)(l) and 805.B.(b)(2).

(ii) Soil, rock or mineral extraction andlor removal other than in association with any uses related to Sections 805.B.(b)(l) and 805.B.(b)(2).

(iii) Removal of topsoil.

(iv) On-lot sewage disposal systems.

Section 805C Application Procedure

(a) All applications for any use of land within the Steep Slope Conservation District shall include the submission of the following materials acd information:

(1) Plans drawn to a scale of at least one inch equals fifty fee: (1" = 50') sealed by a Registered Professional Engineer, depicting the following:

(i)

(ii)

The location, dimensions and elevation of the property.

. Existing and proposed uses x d deve!cpment.

(iii) Existing and proposed contours at two (2) foot intervals.

113

The location and boundaries of steep slopes and very steep slopes, and any required setback and/or buffer area.

Typical cross-sections and elevations of the property and proposed structures at intervals prescribed by the Township Engineer.

Existing land cover characteristics of that portion of the property within the Steep Slope Conservation District indicating wooded areas, open areas and their ground cover type and any areas with impervious surfaces. The modifications proposed to the existing land cover shall also be indicated.

Photographs showing existing uses, vegetation and topography of areas within the Steep Slope Conservation District.

'. . , * '

A report describing the slope, soil and vegetation characteristics of that portion of the property within the subject district. Such report shall also describe the proposed type and alternative design and methods of proposed building construction, the type of foundation system(s) to be employed, and proposals for landscaping, sewage disposal and water supply. Further, the report shall describe all sediment and erosion control measures to be used as required by Tinicum Township and/or the PA DEP; and any and all additional engineering and conservation techniques designed to alleviate environmental impacts which may be created by proposed development activities, along with the extent of grading and intrusion as a percent of the net lot area.

Section 805D Standards For Amroval Of Conditional Uses

(a) In addition to other Conditional Use standards, the Board of Supervisors shall consider the following:

(1) The degree o f . modification, proposed within the District, to the topographic, soil and vegetation resources, and the techniques proposed to mitigate potential environmental impacts.

(2) The effect the development of the subject district would have on adjacent properties.

(3) The relationship of the proposed uses to the objectives described in Section 805.

(b) Any use(s) or structure(s) approved iis a Conditional Use shall provide evidence that:

(1) The Steep Slope Conservation District is being proposed for development since no other aiternative location is feasible or practical.

(2) Earthmoving activities and vegetstion rsmoval will be cclnducted only to the extent necessary to azcuamodate proposGd uses and structures and in a manner that will not cacse excessive SY~ZCF 1:;ster runoff, erosion, sedimentation and unstable soil conditions. Further, it shall be dem.onstrated that any and ell reasonsble rnitlgatim techniques z;nd procedures will be utili isd cr havs been considered in the preparation of

114

A. A new Section is added as follows: Section 806 (1) “Substantial property improvemept” shall mean an improvement which includes one or more of the following: (a) proposal requiring subdivision approval, (b) an existing parcel if modified by a method of creating a legal access easement, (c) a lot line change, i.e., for the purpose of creating a building lot (d) any nonresidential development, (e) an existing parcel that was created without having received subdivision approval or not otherwise permitted by

. Tinicum Township ordinznces to be developed or built upon.

.-

the subdivision and/or land development plan.

(3) Proposed buildings and structures are of sound engineering design and footings are designed in response to the site’s slope, soil and bedrock characteristics; and, where applicable, shall extend to stable soil andlor bedrock.

1

Section 806 Other Overlav District Standards

In addition to the Flood Plain Standards in Section 804, and the Standards in Section 805 pertaining to the Steep Slope Conservation District, Other Overlay District Standards apply to the resources listed in Section 301, and to the resources addressed in Sections 806.(b) to 806.(k).

%(& LLlU (a)

The Other Overlay Districts pertaining to the resources addressed in Section 806.(b) to (k) are based on Sections 604 and 605 of the Pennsylvania Municipalities Planning Code as follows:

(1) Relative to Section 604.(1), Zoning Purposes, Zoning Ordinances shall be designed to promote, protect and facilitate (among other purposes) “the preservation of the natural, scenic and historic values in the environment”, and “the preservation of forests, wetlands, aquifers and floodplains”.

(2) Relative to Section 604.(3), Zoning Purposes, Zoning Ordinances shall be designed (among other purposes) “to preserve prime agricultural and farmland considering topography, soil type and classification, and present use”.

(3) Relative to Section 605.(2), Classifications, additional classifications may be made within any district for the regulation, restriction or prohibition of uses and structures at, along or near: “places of relatively steep slope”; “public grounds”; “places having unique historical, architectural or patriotic interest or value”; “flood plain areas; agricultural areas”; and “other places having a special character or use affecting and affected by their surroundings”.

(b) Wetlands and Wetlands Margin Overlay District se~ O r d . ~ . . ~ \57 (1) All Wetlands and Wetlands Margins shall be protected and conserved to

promote groundwater recharge and the ecological health of the Township.

(2) A Wetlands delineation shall be made by the Applicant or Landowner, using the current standards and requirements of the U.S. Army Corps of Engineers and the Pennsylvania Department of Environmental Protection.

Wetland boundaries shall be delineated througn an on-site assessnszt which shall be conducted by a professional soil scientist or wet1zr-d scientist who is specifically trained and recognized by Pennsykzi; Department of Environmental Protection (DEP) andlor the U.S. Army COT of Engineers (COE) in the delineation of wetlands. Such a person shail certify that the methods used correctly reflect currsntly acceFk6 t&inid.. concepts, including the presence of wetlands vegctaticn: h.ydric soils ET.^ hydrologic indicators.

115

The Wetlands delineation shall be submitted to Tinicum Township for review, and shall be accompanied by a wetlands delineation report indicating t h e date of t h e delineation, the entity responsible for the delineation, and other technical information in support of t h e delineation. The Board of Supervisors shall require the Wetlands delineation to be validated by Pennsylvania Department of Environmental Protection (DEP) andlor the U S . Army Corps of Engineers (COE). In the event that a Wetlands delineation validated by DEP a n d o r COE is shown to vary from a wetlands boundary derived from the mapping of Section 806.(b)(2), the delineation by DEP and/or COE shall govern.

A Wetlands Margin of fifty (50) feet shall be maintained from the boundary of all Wetlands, which shall be used only for yard areas, a n d not used for buildings o r structures, except as provided in Section 806(b)(4).

Wetlands and Wetlands Margins shall not be altered, regraded, developed, filled, piped, diverted, o r otherwise built upon, except that driveways, roads and utilities may cross Wetlands and Wetlands Margins when Conditional Use approval is obtained from the Township where no other feasible alternative is available, and approval is obtained from the Pennsylvania Department of Environmental Protection and the U.S. Army Corps of Engineers.

4-

(c) Riparian Buffer Overlay Districts 54, od-nqbcx lS7

All Riparian Buffers shall be protected and conserved to promote the ecological health of the Township.

The “Riparian Areas” shown on the map in Appendix A with the same name shall be csed a s a general guide io identification. However, the Landowner or Applicant shall identify and delineate same based on field surveys.

A Riparian Buffer of fifty (50) feet beyond the top of bank of all waterways, floodplains and wetlands shall be used and maintained for yard areas, and not used for buildings o r structures, except a s provided in Section 806.(~)(4).

k

Riparian Buffers shall not be altered, regraded, developed, filled, or otherwise built upon, except that driveways, roads and utilities may cross Riparian Buffers when Conditional Use approval is obtained from the Township where no other feasible alternative is available, and thers is no increase in t h e density yield as 2 result of such crossins.

During the Conditional Use K V ~ W , the Landowner or Applicant shall demonstrate that:

(i) Whenever any driveway, road or utility is propcsed to cross a Riparian Buffer, for which ~o other feasible alternative is available, and with no increase ic thc dsnsity yield as a result, s u c h crossing shall have the least irnFsst QR the disturbance of the natuial topography and vegetatioc.

(ii) Whenever such intrusior? is Irroposed, AI disturbed 2reas shall be completely regradcd and reva;e:z:ed t c their pre-existing coadition.

(d) Critical Recharge Areas Overlay District

(1) Critical Recharge Areas are intended for the protection and conservation of the groundwater, which the public is dependent upon as their sole source of water supply. Such protection and conservation is critical, as the groundwater recharge areas in Tinicum Township are limited and fragile, especially where the Exceptional Value and High Quality Headwater Areas are located.

(2) Critical Recharge Areas shall be based in part on the Overlay District map with the same title that appears in Appendix A, which depicts Exceptional Value and High Quality Streams, and Exceptional Value and High Quality Headwater Areas. The Landowner or Applicant shall be required to identify and delineate the actual boundary of the Critical Recharge Area based on field surveys, and the data available from the U.S. Geological Survey for Northern Buck County, Pennsylvania, including “Hydrological Data” Open File Report 94-381, 1994; and “Hydrogeology and Groundwater Quality” Water Resources Investigations Report 944109,1994.

(3) All proposed development in Critical Recharge Areas shall be subject to Conditional Use approval. The Applicant shall demonstrate to the Township’s satisfaction that:

(i) Impervious surfaces will be 50% less than what is otherwise required in the zoning district.

(ii) All permitted buildings and structures are located in areas which _., will have the least adverse impact to the critical groundwater

recharge areas.

(iii) All stormwater management shall .be governed by the Best Management Practices, and shall be focused on the maintenance of high levels of water quality and water quantity, given the dependence of the groundwater aquifer for water supply.

(4) In addition to submission to the Bucks County Department of Health, the Landowner or Applicant shall submit all soil tests for sewage systems to the Township for verification.

(5) All septic tank absorption areas shall be Ixated at lcast 150 feet from the top of bank of all waterways to help minimize contamination ai tiits groundwater.

(6) Stream discharge and spray irriyatior. sewage system sha!l not be permitted in the Critical Recharge Overlay Arsas.

(e) Tinicum Creek Watershed Overlay District

(1) The Tinicum Creek Watershe? is intPnded for prcjissiicn, praservntion 2nd enhancement, due to its ExcepfIor.a! Value b‘ater Quality, and its F:edcral

protect the surface water g:c:;:::::;:,tsi- cf ?.kc . :nrc::;; c rc~ ! . : ’Li:;.:.-*-,L - . L. :.- . . -‘ -

. Wild 8( Scenic River Progrom staius: .Tin;cur;.. l6VdTlShlp also w i s b s . . . . - . -. .

. . from adverse impacts to waterways, aquifers and rezharge areas. . . . . .

(2) The Tinicum Creek Watershed is shown on the Overlay District map with the same title in Appendix A.

Al l proposed &*e Tinicum Creek Watershed shall be subject to Conditional Use approval. The Applicant shall demonstrate to the Township's satisfaction that:

SUbJLkd ,hpMVC-WrA CO~.nVwr 153) (3)

(i) All permitted buildings and structures are located in areas which have the least adverse impact on surface water resources and groundwater resources.

(ii) All Stormwater Management shall be governed by the Best Management Practices, and shall be focused on the maintenance of high levels of surface water quality and groundwater quality.

(4) In addition to submission to the Bucks County Department of Health, the Landowner or Applicant shall submit all soil tests for sewage systems to the Township for verification.

(5) All septic tank absorption areas shall be located at least 150 feet from the top of bank of all waterways within the Tinicum Creek Watershed to help minimize contamination of the groundwater.

(6) Stream discharge and sprzy irrigation sewage systems shall not be permitted in the Tinicum Watershed Overlay District.

(9 Tohickon Creek Watershed Overlay District

(4)

The Tohickon Creek Watershed is intended for protection, preservation afid enhancement due to its pendinghecognized Exceptionai Value Water Quality status and its Federal Wild & Scenic River Program status. Tinicum Township also wishes to protect the surface water and groundwatei of the Tohickon Creek Watershed from adverse impacts to waterways, aquifers and recharge areas.

The Tohickon Creek watershed is shown on the Overlay District map with the same title in Appendix A.

All proposed **-in !he Tohickon Creek Watershed shall be subject to Conditional Use apprcval. The Applicant shali demmstrak to the Township's satisfaction that:

;- -L (~rdt~uncc 6'3)

(i) All permitted buildings acd strdctures are !xated ir; areas which have the least adverse impact cn sut-kcs: water rcscwces czk groundwater resourcix.

(ii) AI! Stormwater Maxgemnsni skal! be governad by ths Bss: Management Practices, ax! sh&i i;o fecused on tSe n a i n k x z c s E;

high levels of surface v.-t:er qi:aljiy.md - c:ccr;dwater q::aiity. :

3/14/00 Revisions to page 119 (5) All septic tank absorption areas shall be located at least 150 feet from the

top of bank of all watenvays within the Tohickon Creek Watershed to help minimize contamination of the groundwater.

Stream discharge and spray irrigation sewage systems shall not be permitted in the Tohickon Creek Watershed Overlay District

(6)

Woodland & Hedgerow Overlay District

All woodlands and hedgerows shall be protected and conserved to promote the ecological health of the Township.

“Woodlands and Hedgerows” are shown on the map in Appendix A with the same name, and shall be used as a general guide to identification. However, the Landowner or Applicant shall identify and delineate same based on field surveys, and submit same to the Township for review.

All woodlands where twenty percent (20%) or more of the tree stand is of six (6) inch DBH or greater shall be considered to be mature. No more than twenty percent (20%) of such mature woodland shall be removed, subject to Ordinance 112, and the regulations for Forestry, Use A6, except as provided in 806.(9)(4).

Within the “Priority Inventory Areas” of the Natural Areas Inventory, Bucks County, Pennsylvania, June 30, 1999, no more than ten percent (10%) of such mature woodland shall be removed, subject to Ordinance 112, and the regulations for Forestry, Use A6.

If more than 20% or 10% of the mature woodland is removed (as provided for in Section 806.(g)(3) or (4) above) for any reason, tree replacement shall be required. For every tree 6 inch DBH or greater that is removed or destroyed in excess of the 20% or lo%, a replacement tree of 2% to 3 inch caliper shall be planted. Such replacement tree species shall be subject to the approval of the Township and shall be in accordance with the species listed in Appendix A of the Subdivision & Land Development Ordinance.

Critical Biodiversity Areas Overlay District

Critical Biodiversity Areas are intended for preservation, protection and enhancement to ensure the survival, habitat, and setting of species of flora and fauna identified as being Threatened, Endangered or of Special Significance. Tinicum Township wishes to protect such plants and wildlife from adverse impacts.

Mapping of Criiical Biodiversity Areas shall be submitted by the Applicant or Landowner to the Township for review and approval, and shall be based upon the “Natural Areas Inventory” of Bucks County, Pennsylvania, June 1999; the “Bucks County Natural Resources Plan” of March 1999, in particular “Appendix C: PA Species of Special Concern”; the Biodiversity Study for Tinicum Township by the Morris Arboretum; and the “Types of Terrestrial and Palustrine Vegetation Communities in Tinicum” by Morris Arboretum, February 4,2000.

~ord*-Wu a shall be Permi Ed in Critical BiodiversiW

119

3/14/00 Revisions to page 120

(i) Prime Farmland and Agricuttural Soils Overlay District

(1) Prime Farmland’and Prime Agricultural Soitsdare intended ta be,consenred and protected to support the-agricultural industry in Tinicum Township, . ‘. and to discourage the unnecessary conversion of Prime Farmland and Prime Agricultural Soils to nonagricultural use.

(2) Prime Farmland and Prime Agricultural Soils are generally shown in Appendix A on the map with the same title and in Figure 9, Prime Agricuttural Soils in the Tinicum Township Comprehensive Plan. However, the Applicant or Landowner shall map such areas for review by the Township based on field surveys of:

(i) Prime Agricultural Soils

(ii) Additional Farmland of Statewide Importance

(iii) Locally Important Soils

No more than twenty-five percent (25%) of such areas shall be developed, and the use of the Flexible Development Option or the VillageRlamlet Option are encouraged so that open space areas can be designated to conserve Prime Agricultural Soils.

(3)

-\ (dndn4na.e lS3) (4) All areas shall be approved as a Conditional Use.

(j) Delaware River Wild and Scenic Overlay District

(1) The Delaware River Wild and Scenic River Corridor is intended for preservation and protection to enhance its Federal Wild & Scenic River Program status.

(2) The Lower Delaware River National Wild & Scenic Overlay District is shown in Appendix A on the Section 2 and Section 3 maps entitled “Lower Delaware River National Wild & Scenic Rivers Study Management Area”. In particular, the areas within the “Proposed National Wild and Scenic River Designation Segment” shall be preserved and protected, as more fully described in the “Lower Delaware River Management Plan” of the National Park Service, August 1997.

Use approval. The Applicant or Landowner shall demonstrate that:

(i)

3 - a - , y J e h u J (OdlrMSc IQg (3) All w thin the Overlay District shall be subject to Conditional

All permitted buildings and structures are sited to preclude adverse environmental impacts.

(ii) No buildings or structures shall exceed &x*:ca feet in height above the ground.

(iii) All construction within the Delaware River Wild & Scenic River Corridor shall use natural materials to blend with existing conditions.

120

ARTICLE IX

Section 900

DESIGN REGULATIONS

The lot or yard requirements for any new building or use shall not include any part of a lot that is required by any other building or use to comply with the requirements of this Ordinance. No required lot or area shall include any property, the ownership of which has been transferred subsequent to the effective date of this Ordinance, if such property was a part of the area required for compliance with the dimensional requirements applicable to the lot from which such transfer was made. A lot shall not include any land within a designated right of way; no lot created after December 19, 1971 shall be divided by a street. A plat shall not control the dimensions of the lot unless legally recorded-'

I hpm c-5 Q

Where a minimum lot size is specified, no priaJ;wy building or use shall be erected or established on any lot of lesser size than as specified within this Ordinance, except as specified in Section 900.03.

P ~ r i w C P ~

+ L o t 0 - FZKT a p1JlOCV I\%

2 LNT+) I at sirs Section 900.02 P P ,,,> c\ 41.c>

Section 900.03

The provisions of this Ordinance shall not prevent the construction of a structure for a permitted use on any lot that was lawful when created and which, prior to the effective date of this Ordinance, was in separate ownership duly recorded by plan or deed; and provided that:

(1)

(2)

(3)

(4)

Such a lot is not less than five-thousand (5000) square feet.

Those lots not served by public water and sewers shall meet all requirements of the Bucks County Department of Health.

The percentage of lot area covered by the single-family dwelling shall not exceed fifteen (15) percent of the area of the lot.

The front and rear yards shall aggregate at least sixty (60) percent of the total lot depth or meet the normal requirements of the District in which the lot is located; but in no case shall either the front yard or rear yard be less than thirty (30) feet.

The side yards shall aggregate at least forty (40) percent of the total lot width or meet the normal requirements of the District in which the lot is located, but in no case shall either side yard be less than twelve (12) feet.

(5)

Section 900.04 I at W i a

Where a minimum lot width is specified, no primary building shall be erected on any part of a lot which has a width less than that specified within this Ordinance, except as specified in Section 900.03, or with respect to lane lots, as follows:

(a)

(b)

A lane lot shall be allowed for single-family detached dwellings only.

Each lot must have a separate lane, owned by the lot owner in fee, which must be fifty (50) feet wide, unless the lot is deed restricted from further subdivisiorVdevelopment, in which case the width of the lane may be reduced to a minimum of forty (40) feet for the entire length of the lane. The lane must be

111

.. - .

cleared of vegetation to a width of fifteen (15) feet, with the stoned portion to be a minimum of ten (10) feet wide.

Each lane lot shall have frontage onto a public road.

No lane lot shall be behind another lane lot in whole or in part.

The maximum length of the lane shall be 1 OOVAor the area of the lane shall be not more than 10 percent of the size of the lot, whichever is greater.

No lane lot shall be less than twice the minimum acreage forthe zoning district in which it is located. If there are more than two (2) lane lots in a subdivision, the remaining lane lots must be at least ten (1 0) acres each.

No more than twenty (20) percent of the lots in a subdivision shallbe lane lots, to be rounded up if calculations yield a fraction.

Lanes shall be limited to a maximum sldpe of twenty (20) percent.

The front yard setback for a lane lot shall be a distance equal to the front yard requirements for the zoning district in which the lot is located, and shall be measured from the point where the lot first obtains the minimum lot width measurement.

L+ c 4 4

--/. ---

Any lane crossing a stream or swale shall meet the design requirements of the ordinance for stormwater conveyance a he requirements of the Department of Environmental Resewees. ?-k.a:-Tb) The following shall apply to all zoning distrids:

On a comer lot or at a point of entry on a Wblic road, nothing shall be erected, placed, or allowed to grow in a manner which obscures vision:

(1) Above the height of two and one-hatf (2 1/2) feet measured from the centerline grades of the intersecting streets.

(2) Within the area bounded by the centerlines of intersecting public streets and a line joining points on these centerlines at the distance from an intersection of the centerline, such streets or entrances specified in the Tinicum Subdivision and Land Development Ordinance.

(a)

A?\ 75r 15' *(3) Within the area bounded by the centerlines of a private drive intersecting

a public street and the public street and a line joining points on these centerlines seventy-five (75) feet from such intersection on the public street and thirty (30) feet on the private drive.

1-

Section 900.06

(a) Where a minimum depth of front yard is specified in the District an open space of at least the specified depth shall be provided between the street line or lines and the nearest point of any building or structure, except as may be permitted hereinafter. As provided in Section 242 street lines are considered to be established by W rights-of-way when so designated. The purpose of this provision is to avoid interference with anticipated future road widenings and improvements. \

csl-1

112

0

0 <”

a

(b) Future right-of-way widths are established for those roads wherein .th B existing legal right-of-way is less than that indicated below for the particular class of road. The centerline of each future right-of-way shall be considered the same centerline as the existing right-of-way. The specific classification for each road is shown on the “Functional Classification Map,” which accompanies and is hereby made a part of the Ordinance.

Streets and their future rights-of-way shall be as follows:

(1) Thoroughfares:

i

(c)

Expressway - designed for large volumes of high-speed traffic with access limited to grade-separated intersections. Future rights-of-way shall be as determined by the Pennsylvania Department of Transportation.

Arterial Highways - designed for large volumes of high-speed traffic with access to abutting properties restricted. Future rights- of-way shall be a minimum of one-hundred-twenty (1 20) feet.

Collector Highways - designed to carry a moderate volume of fast- moving traffic from primary and secondary streets to arterial highways, with access to abutting properties restricted. Future rights-of-way shall be eighty (80) feet.

(0

(ii)

(iii)

(2) Local Streets:

( i ) Primary Streets - designed to carry a moderate volume of traffic, to intercept rural roads and secondary streets, lo provide routes to collector highways, and to provide access to abutting properties. Future rights-of-way shall be sixty (60) feet.

Rural Roads and Secondary - designed to provide access to abutting properties and to primary streets. Future rights-of-way shall be fifty (50) feet.

Section 900.07 Y a r w ThorqughfaLes

(ii)

For those properties fronting on thoroughfares (arterial and collector highways as identified in Subsection 900.06(c)(l) above), minimum front yards shall be at least sixty- five (65) feet unless an additional setback for the district is required.

Section 900.08

On a comer bt, the street side yard shall equal the required front yard for lots facing that street.

Section 900.09

On a through lot, the rear yard depth shall be not less than the required depth‘of the front yard in the district in which such lot is located.

Section 900.1 0

If the alignment of existing buildings on either side of a bt within a distance of fifty (50) feet of the proposed building and fronting on the same side of the same street in the same block is nearer to the street than the required front yard depth, the average of such existing alignment within that distance shall be the required front yard.

113

Section 900.1 1

Ground story bays and porches not over half the length of the front wall may project five (5) feet into any front yard. Chimneys, flues, columns, sills, ornamental features, cornices and gutters may project not more than two (2) feet over a required front yard.

Section 900.1 2

The provisions of Section 900.06 shall not apply to front fences, hedges or walls less than six (6) feet high above the natural grade in the required front yard, not to terraces, steps, uncovered porches, unenclosed porches, nor to other similar features less than three (3) feet above the level of the floor of the ground story.

Section 900.13 ont Y m

Accessory buildings shall not be permitted within required front yards.

Section 900.14 ~ pblb

For access to interior lots, the minimum frontage on public roads or streets specified in the Subdivision Ordinance shall be provided, but the dimensions of the interior lots shall othenvise conform with the requirements for the district, and no permanent structure shall be situated in the area comprising an extension of the access strip. The minimum front yard shall be measured from the nearest edge of the access’ m, q7

w @. PilMEtJ‘C

strip. 3 Section 900.15

No portion of a building or structure shall be buitt within the minimum depth from the side lot line specified in each district, except as permitted in Section 900.16. -$ Eveways shall be Dermitted in side yards. q

Section 900.1 6

Bays, balconies, chimney flues and fire escapes may project into a required side yard not more than one-third (1/3) of the width of the projectiqn, but not more than four (4) feet in any case. Ground story bays and porches not over half the length of the side wall may project into any required side yard three and one-half (3 112) feet.

Section 900.1 7

The provisions of Section 900.15 shall not apply to fences or hedges less than seven (7) feet above the natural grade, nor to terraces, steps, uncovered porches, or other similar features less than three (3) feet above the floor of the ground story.

Completety detached accessory bui1dings”may occupy a required side yard but shall not be located closer than fifteen (15) feet to any side property line and must be located at least fifteen (15) feet to the rear of the primary building.

Section 900.19

No portiop of a building,or structure shall be built within the minimum depth from

no. I 2 0

the rear lot line specified in each district, except as permitted in Section 900.20.

114

Section 900.20 Ya&

Such projections into side yards as permitted by Section 900.16 may also be permitted into rear yards, up to the same number of feet, but in no case within eight (8) feet of an accessory building.

Section 900.21

Subject to the provisions of Section 900.19 completely detached accessory buildings ay occupy a required rear yard but shall not be located closer than fifteen (1 5) feet to a e a r prop:%$.

r,& .;n&I\eJ -t..w pm %I* {=+* wsih I Sec‘tion 900.22 Heiaht The height of buildings is regulated to prevent loss of life or excessive property

damage through the inability of township fire equipment to reach upper stones or roofs. Therefore, no building shall exce@ a height of thirty-five (35) feet, except church spires, belfries, silos, water towers, smokestacks, solar panels, wind generator towers, or antennas provided they are not used for human occupancy and are setback one and one- half (1 1/2) times their heigM from a building or property line.

Where two or m o r e v & m d e n t i a l uses are proposed to be built upon property in one ownership, front, side and rear yards are required only at lot lines abutting other properties.

. . Section 900.23 of Non- the S m 3 00

Section 900.24 r

I

For properties in RC and RA Districts bordering on any of the named creeks in Tinicum Township, no structure or use shall be permitted less than fifty (50) feet from the stream banks, defined as the outer limits of watercourses under normal seasonal conditions. For properties in the PI, CC and C Districts bordering on any of the named creeks, no structure or use shall be permitted less than one-hundred (100) feet from the stream banks as defined.

’

Section 901

All parking requirements listed under various uses shall be considered to be the’minimum necessary and shall in all cases be adequate to preclude any parking on public streets or the creation of traffic hazards, except where on-street parking is specifically permitted in performance subdivisions.

Section 901.01 to R-ed Off-met P-

(a) - Stnrctures and uses in existence at the date of adoption of this Ordinance shall not be subject to the requirements of this Article so long as the kind or extent of use is not changed, provided that any parking facility now serving such structures or uses shall not in the future be reduced below such requirements.

in Rea- -- Whenever there is an aiteration of a use which increases the parking requirements the total additional parlting required for the alteration, changes or extension shall be provided in accordance with the requirements of Article VII.

Other Uses -- No parking area shall be used for any use that interferes with its availability for the parking need it is required to sewe.

(b)

(c)

115

e

e

r Of 0- -- All required facilities shall be provided and maintained so long as the use exists which the facilities were designed to sewe. Off-street parking facilities shall not be reduced in total extent after their provision, except upon the approval of the Zoning Hearing Board and then only after proof that, by reason of diminution in floor area, seating area, number of employees, or change in other factors controlling the regulation of the number of parking spaces, such reduction is in conformity with the requirements of this Article. Reasonable precautions shall be taken by the owner or sponsor of particular uses to assure the availability of required facilities to the employees or other persons whom the facilities are designed to serve. Such facilities shall be designed and used in such a manner as to at no time constitute a nuisance, a hazard, or an unreasonable impediment to traffic.

-- Two (2) or more uses may provide for required parking in a common parking lot if the total space provided is not less than the sum of the spaces required for each use individually. Hogever, the number of spaces required in a common parking facility may be reduced below this total by special exception if it can be demonstrated to the Zoning Hearing Board that the hours or days of peak parking needed for the use are so different that a lower total will provide adequately for all uses by the facility.

of Pa- -- Required off-street parking spaces shall be on the same lot or premises with the principal use sewed; or, where this requirement cannot be met, within three-hundred (300) feet of the same bt.

of P m -- For parking areas of three (3) or more vehicles, the area not landscaped and so maintained, including driveways, shall be graded, surfaced with asphatl or other suitable material, and drained to the satisfaction of the Township Engineer to the extent necessary to prevent dust, erosion, or excessive water flow across streets or adjoining property. All off-street parking spaces shall be marked so as to indicate their location. Failure to keep parking areas in satisfactory condition, i.e., free from holes, clearly delineated, or properly graded, shall be considered a violation of this Ordinance.

. .

A stmcturally sound wall or other abutment to ensure safety shall be installed around each side of the parking lot wherever said lot adjoins a public street, sidewalk or alley. An adequate retaining wall, wherever necessary to prevent the washing of soil to and from adjoining property, and a wall or screen of such height and character as is necessary for adequate screening of the parking bt from such adjacent property shall also be provided,

(0 All parking must be provided off-street. No on-street parking shall be provided or used.

0 Ingress and egress shall not require backing onto a street or bt.

Section 901 .O2

(a) A parking stall is that area specifically designated by pavement markings, or some other means, for the temporary parking of one motor vehicle. Design standards for parking stalls shall not apply where the primary purpose is that of vehicle storage related to sales, sewice or other use, either commercial or non- '

commercial.

(b) Unless otherwise specified, parking stall shall conform to the following minimum dimensional standard:

116

I "

e

Type Width (feet) Depth (feet)

Conventional 9.5 19 Compact' 8 18

Oversized*' (='determined by Municipal Engineer) Handicapped 1'5: 19

Where required parking for non-residential uses exceeds twenty (20) spaces, up to thirty (30) percent of the total parking spaces may be designed and clearly designated for compact cars.

Including but not limited to recreational vehicles, tandem trailers, trucks and buses.

Parking for the handicapped or physically disabled shall be provided for as follows:

**

(c) u

Total Non-Residential Parking

10-50 51 -250 251 +

Required Handicapped Parking

1 space 2.5% 2.0%

(d) In order to provide for flexibility in parking lot design and layout, angle parking may be appropriate in certain instances. Where angle parking is utilized, the width of stalls for various types of parking uses shall remain consistent with the minimum dimensions established for each, while the depth of stall shall vary as follows:

Angle of Parking (in degrees)

90 60 45 30

Stall Depth Variation (ft.)

0 +1 0 -2

(e) The minimum dimension of parking aisles shall be as follows:

Angle of Parking (in degrees)

90 60 45 30

parallel

Parking Aisle (width in feet)

One-way Two-way

19 24 18 22 15 20 12 20 12 18

(f)

(9)

All dead-end parking aisles shall be designed to provide sufficient back up area for the end stalls of the parking lot.

Parking aisles shall be designed so that each motor vehicle may proceed to and from the parking stalls without requiring the moving of any other motor vehicle.

(h) No less than five (5) foot radius of curvature shall be permitted for all curblines along parking aisles.

Section 901.03 Tr-

In order to minimize traffic congestion and hazard, control street access in the interest of public safety, and encourage the appropriate development of street or highway frontage :

(a) No parking area for off-street parking or for the display, storage, sale, or movement or motor vehicles shall abut directly a public street or highway unless separated from the street or highway by a raised curb and barrier planting strip, wall or other effective barrier against traffic, except for necessary accessways, and each parking lot shall have not more than two accessways to any one public street or highway for each five-hundred (500) feet of frontage. Where practicable, access to parking areas shall be provided by a common service driveway or minor street in order to avoid direct access on a major street or highway. Except for flares and curb returns, no such accessway shall be more than thirty-five (35) feet clear in width.

(b) In the case of apartments, all commercial uses and all industrial uses, the following regulations shall apply:

(1)

(2)

All parking, loading or service areas used by motor vehicles shall be located entirely within the lot lines of the property.

All accessways to a PennDOT Class 1 or Class 3 public street or highway shall be located not less than three-hundred (300) feet from the intersection of any street lines.

All streets and accessways shall be designed in a manner conducive to safe exit and entrance and division requirements of the Municipality.

Any additional traffic signals and acceleration and deceleration lanes deemed necessary upon review by the Governing Body to provide safe and adequate access to the property shall be provided by the owner.

No parking, loading, or service area for an industrial or commercial use shall be located between a main building and astreet unless authorized by the Zoning Hearing Board where the restriction against such use is clearly impracticable. In no case, however, shall the distance between the street right-of-way line and the portion of a lot used for sale, storage, display, or movement of motor vehicles be less than twenty (20) feet and it shall be landscaped in accordance with an overall plan.

No parking will be permitted within the side yard setback lines, or within any required buffer area.

(3)

(4)

(5)

(6)

Section 901.04 for

In order to encourage the least possible impermeable surface area, the Zoning Hearing Board, after consulting with the Planning Commission and the Township Engineer, may permit a discretionary reduction in the criteria for the surfacing of walkways, light-duty walkways, and parking requirements for the seasonal Use E23. The developer shall enter into a written agreement with the Board of Supervisors that, after one (1) year following the issuance of the permit, the situation will be reviewed to determine if some permanent surfacing will be necessary. If such is the case, any further improvements shall

118

be provided at the developer's or owner's expense. This determination will be made by the Township Supervisors, with input from the Planning Commission and Township Engineer, and will be done annually on the anniversary date of the permit. A bond must be posted, the amount of which will be determined by the Supervisors.

Section 901.05 and ma Area Con-

Refer to Article V, Design Standards for Subdivision and Land Development.

Section 902

In connection with any building or structure which is to be erected or substantially altered and which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles, there shall be provided off-street loading berths not less than the minimum requirements specified in this Section:

Areas provided for loading and unloading of delivery trucks and other vehicles and for the servicing of shops by refuse collection, fuels, and other service vehicles shall be so arranged that they may be used without:

(1) Blocking or interfering with the use of accessways, automobile parking facilities, or pedestrian ways, or

(2) Ingress and egress shall not require backing onto a street or lot.

m. All required loading berths shall be located on the same Lot as the use to be served, and no portion of the vehicles shall project into any traffic lane. No loading beRh for vehicles of more than two (2) ton capacity shall be located less than one-hundred (100) feet from any Residential District.

No loading facilities shall be constructed between the building setback line and a street rightof-way line or within a required yard.

m. A required off-street loading berth shall be at least fifteen (15) feet in width by at least fifty (50) feet in length, exclusive of aisle and maneuvering space, and shall have vertical clearance of at least sixteen (1 6) feet.

Access. All required off-street loading berths shall be designed with appropriate means of vehicular access to an interior drive in a manner which will least interfere with traffic movements, and shall be subject to approval of the Township. They shall have all-weather surfaces to provide safe and convenient access during all seasons.

Surfacinn. All open off-street loading berths shall be paved in accordance with the Subdivision Regulations.

7. No storage of any kind, or motor vehicle repair work of any kind, except emergency work, shall be permitted within any required loading berth.

w. Space allowed to any off-street loading berth, shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities or portions thereof. Required off-street parking spaces shall not be used for loading and unloading purposes except during hours when business operations are suspended.

119

Business and Professional Offices or Public Administration Building

Food Stores and Retail Department Stores

Manufacturing

First 10,000 sq. ft. Next 40,000 sq. ft. Each additional 50,000 sq. ft. or fraction thereof

1 1

1

First 5,000 sq. ft. 2 Next 5,000 sq. ft. 1

sq. ft. or fraction thereof Each additional 20,000

1

First 3,000 sq. ft. Next 7,000 sq. ft. Each additional 20,000 sq. ft. or fraction thereof

Wholesale and Other Uses First 2,000 sq. ft. Next 8,000 sq. ft. Each additional 10,000 sq. ft. or fraction thereof

1 1

1

1 1

1

0

Section 903 -

Section 903.012 ~ _ _ _ _ _ ~ - Residential P-visions, and si$e-bmily cluster developments,

Villagehlamlet Option developments, flexible- development option developments, and mobile home parks shall meet the open space requirements of the Zoning Ordinance. The plan shall contain or be supplemented by such materials as required to establish the method by which open space shall be perpetuated, maintained and administered. The plan and other materials shall be construed as a contract between the landowner(s) and the municipality, and shall be noted on all deeds.

Section 903.02 of

The open space shall be laid out in accordance with the best principles of site design. It is intended that the open space shall be as close to all residents as possible, with green ways leading to major recreation spaces. Major recreation areas shall be located to serve all residents of the development. The open space is most needed in areas of highest density.

' 0

Section 903.03

All land held for open space shall be so designated on the plans. The plans shall contain the following statement: "Open space land may not be separately sold nor shall such land be further developed or subdivided.' The subdivision plans shall further designate the use of open space, the type of maintenance to be provided, and a planting plan or schedule. In designating use and maintenance, the following classes may be used.

(a) Lawn: A grass area with or without trees which may be used by the residents for a variety of purposes and which shall be mowed regularly to ensure a neat and tidy appearance.

Natural Areas: An area of natural vegetation undisturbed during construction, or replanted; such areas may contain pathways. Meadows shall be maintained as such and not left to become weed-infested. Maintenance may be minimal but shall prevent the proliferation of weeds and undesirable plants such as poison

(b)

120

e

I.

'ky. Litter, dead trees and brush shall be removed, and streams shall be kept in free-flowing condition.

(c) Recreation Area: An area designated for a specific recreation use, including but not limited to tennis, swimming, shuffle board, playfield, and tot lot. Such areas shall be maintained so as to avoid creating a hazard or nuisance, and shall perpetuate the proposed use.

Section 903.04 QDen Space Performance B o M

Designated planting and recreation facilities within the open space areas shall be provided by the developer. A performance bond or other securities may be required to cover costs of installation in accordance with provisions of the subdivision ordinance.

Section 903.05

(a) Any of the following methods may be used to preserve, own, or maintain open space: condominium, homeowners association, dedication in fee simple, dedication of easements, or transfer to a private conservation organization. The following specific requirements are associated with each of the various methods.

(1) Condominium: The open space may be controlled through the use of condominium agreements. Such agreements shall be in conformance with the Title 68 of the Pennsylvania Consolidated Statute. All open space land shall be held as "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 where there is no change in the open space ratio.

Homeowners Association: The open space may be held in common i ownership by a homeowners association. This method shall be subject

to all of the provisions for homeowners associations set forth in Article VI1 of the Pennsylvania Municipalities Planning Code.

Fee-simple dedication: The municipality may, but shall not be required to, accept any portion or portions of the open space provided: - (i) such land shall be freely accessible to the public, (ii) there shall be no cost to the municipality involued, (iii) the municipality agrees to and has access to maintain such lands, and (iv) the open space shall be in an acceptable condition to the municipality at the time of transfer.

Dedication of easements: The municipality or county may accept, but shall not be required to accept, easements to any portion or portions of the open space.

In such cases, the land remains in the ownership of the individual, condominium, or homeowners association while the easements are held in public ownership. The County shall accept the easements only in accordance with the provisions of Act 442 and county plans. The municipality may accept such easements as it sees fit. In either case, there shall be no cost to County or municipality for acquisition or maintenance. The municipality may require this method where it seems that this is the most appropriate way of preserving land in open space. In performance standard subdivisions, single-family detached clusters, and mobile home parks, this provision for the ownership and preservation of open space cannot be used except for open space land incorporated in required buffer yards.

(2)

(3)

(4)

121

(5) Transfer to a Private Consewation Organization: With permission of the municipality, an owner may transfer either the fee simple title, with appropriate deed restrictions running in favor of the municipality, or easements, to a private, non-profit organization, among whose purposes is to conserve open space land and/or natural resources provided that: (i) the organization is acceptable to the municipality and is a bona fide conservation organization with perpetual existence; (ii) the conveyance contains appropriate provision for proper reverter or re-transfer in event that the organization becomes unwilling or unable to continue carrying out its functions; and (iii) a maintenance agreement acceptable to the municipality is entered into by the developer and the organization.

Deed Restrictiqns: (i) Buffer yards, as required by this Ordinance, may be held in the ownership of the individual property owners of residential developments. This form of ownership of open space will be subject to the following requirements: a) This form of ownership will be limited to buffer yards; b) It may be used only if approved by the municipality; c) Restrictions, meeting municipal specifications, must be placed in the deed for each property that has buffer within its boundaries. The restrictions shall provide for the continuance of the buffer yard in accordance with the provisions of this Ordinance; d) It will be clearly stated in the individual deeds that the maintenance responsibility lies with the individual property owner. (ii) For non-residential uses buffer yards and areas of natural resource features may be held with the ownership of the entire parcel provided the buffer yards and natural features are deed restricted to ensure their protection and continuance. (iii) In the case of residential developments where all of the units are rental the open space land may be in the same ownership as that of the devebpment provided that the land is deed restricted to ensure its protection and continuance and that a maintenance agreement suitable to the municipality is provided. (iv) For any of these options the municipality may accept, but is not required to accept, an easement to the open space land in the development.

Unless otherwise agreed to by the municipality or County, the cost and responsibility of maintaining open space shall be borne by the property owner, condominium association, or homeowners association. If the open space is not properly maintained the municipality may assume responsibility of maintenance and charge the property owner, condominium association or homeowners association a fee which covers maintenance cost, administrative costs, and penalties as stipulated in Section 1607.

(6)

c

(b)

Section 904 HmuadS Buffer yards are required for all performance standard subdivisions, mobile home parks,

golf courses, commercial uses, and industrial uses. Extractive operations rmst comply with buffer yards as established in Section 705 (Gll).

- - - ( a )

(b)

(c)

(d)

In performance standard subdivisions the buffer yard shall be part of the open space and not part of the lot area assigned to a dwelling unit.

The buffer yard shall be measured from the property boundary line.

The buffer yard may be coterminous with required front, side, or rear yards, and in case of conflict, the larger yard requirements shall apply.

In all buffer yards, the exterior fifty (50) foot width (thirty (30) feet in a performance standard subdivision, fifteen (1 5) feet for commercial uses) shall be maintained

122

and kept clean of all debris, rubbish, weeds and tall grass in conformance with existing regulations.

No structure, manufacturing or processing activity, or storage of materials shall be permitted in the buffer yard.

All buffer yards except those of performance standard subdivision shall include a dense screen planting of trees, shrubs, or other plant material, to the full length of - the lot line to serve as a barrier to visibility, air-bome particles, glare and noise. Such screen plantings shall be located within the exterior fifty (50) feet of the buffer yard (fifteen (15) feet for commercial uses), and shall be in accordance with the following requirements.

(1) Plant materials used in the screen planting shall be at least four (4) feet high when planted and be of such species as will produce ultimately a dense visual screen at least eight (8) feet high.

The screen planting shall be maintained permanently, and any plant material which does not live shall be replaced within one (1) year.

The screen planting shall be so placed that at maturity it will be not closer than three (3) feet from any street line or property line.

(e)

(?9ts %, ,

L

(2)

(3)

(4) In accordance with the provisions of Section 900.05 a clear sight triangle shall be maintained at all street intersections and at all points where private accessways intersect public streets.

The screen planting shall be broken only at points of vehicular or pedestrian access.

(5)

(9) In Performance Subdivisions, the following shall apply:

(1)

(2)

The buffer yard may be averaged. The width in three (3) below is average with the minimum being sixty (60) percent of the average.

All existing deciduous and coniferous trees above two (2) inches caliper and/or six (6) feet in height shall be preserved in the buffer yard except where clearance is required to ensure adequate sighl distances. Any removal should, where feasible, involve relocation rather than clearing.

Buffer width and planting material shall be laid out to respect existing or proposed off-site uses. The minimum width may be used where compatible single-family uses adjoin, or where the property abuts non- buildable land. The object of the planting shall be defined in the plans: visual, noise, or to prevent access to hazardous areas.

Generally, a minimum of twenty-five (25) percent of plant material shall be evergreen, ten (10) percent flowering. Planting shall be adequate in quantity to fully cover the minimum thirty (30) foot buffer, but may be clumped or grouped for maximum efficiency.

Where noise and glare are problems, fifty (50) percent of the plantings shall be evergreens.

(0

Where hazardous conditions exist, hedge rows with thick thorny plants are desirable. Plantings should be such as to make access difficult.

(3)

(4)

(ii)

123

(iii) Where visual screening is most important, evergreens and flowering trees should be increased to fifty (50) percent of the total.

(5) Setf-maintaining ground cover shall be planted to the edge of the buffer.

(h) Size of buffer yards:

(1)

(2)

(3)

Industrial uses against all other uses: Fifty (50) feet.

Commercial uses against all other uses: Fifteen (15) feet.

Performance Standard Subdivisions: Thirty (30) feet on all boundaries with no more than thirty (30) percent of required open space area in the buffer yard. For performance standard subdivisions in excess of thirty (30) acres in area, an additional foot of buffer yard shall be required for each additional acre above thirty (30).

(4)

(5)

(6)

Golf Courses - Fifty (50) feet along any boundary?( %+ mlFc- u.0. w bEAG. 1 Outdoor Motion Picture Establishment - Fifty (50) feet on all boundaries.

Mobile Home Park - Fifty (50) feet on all boundaries.

124

ARTICLE X SIGNS

Section 1000 Definitions a Any sign hereafter erected or maintained shall conform with the provisions of this Article

and any other applicable Ordinances or regulations.

(a) a: A sign is hereby defined as any billboard, signboard, or other advertising device with the purpose in mind of drawing attention to the product, service or premises described thereon.

(b)

Section 1001

The area of a sign shall be construed to include all lettering, wording, and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed (but not including any supporting framework and bracing incidental to the display itself).

Where the sign consists of individual letters or symbols attached to a building, wall, or window, the area shall be considered to be that of the smallest rectangle or other regular geometric shape which encompasses all of the letters and symbols.

In computing square-foot area of a double-face sign, only one (1) side shall be considered, provided both faces are identical. If the interior angle formed by the two (2) faces of the double-faced sgn is greater than forty-five (45) degrees, then both sides of such sign shall be considered in calculating the sgn area.

RA. RC. VR. CR. V c

The following type of sign and no other shall be permitted in Residential Districts. Height limitations for the following signs shall be fourteen (14) feet.

Official traffic sign.

Professional Home Occupation or Name Sign indicating the profession, activity, or name of the occupant of a dwelling, provided that:

(1) The size of such sign shall not exceed two (2) square feet in overall area on one (1) face: and

(2) Not more than one (1) such sign shall be erected for each permitted use of dwelling unit unless such property fronts on more than one (1) street, in which case one (1) such sign may be erected on each street frontage.

Identification sign for farms, estates, schools, churches, hospitals and buildings and uses other than dwellings, provided that:

(1) The size of any such sign shall not exceed twenty (20) square feet in total area on one (1) face; and

(2) Not more than one (1) such sign shall be placed on the premises of the Use held in single and separate ownership unless such property fronts on more than one (I) street, in which case one (1) such sign may be erected on each street frontage.

125

(d)

(e)

Trespassing sign or sign indicating the private nature of a driveway or property, providing the size of any such sign shall not exceed two (2) square feet.

Temporary sign of mechanics, painters, and other artisans, provided that:

(1) Such sign shall be erected only on the property where such work is being performed:

(2)

(3)

The size of any such sign shall not exceed twelve (12) square feet; and

Such sign shall be removed promptly upon completion of the work.

(f) Real Estate Signs, including:

(1) Signs advertising the sale or rental of property, provided that the size of any such sign shall not exceed twelve (12) square feet; and not more than one (1) such sign shall be erected on any property held in single and separate ownership, unless such property fronts on more than one (1) street, in which event not more than one (1) sign may be erected on each street frontage.

Section 1002

(2) Signs advertising the sale or the development of the premises when erected in connection with the development of the premises by a builder, developer, contractor or other person interested in such sale or development, provided that the size of such sign is not in excess of twenty-four (24) square feet. Not more than one (1) such sign shall be placed on any property held in single and separate ownership, unless the property fronts on more than one (1) street, in which event not more than one (1) sign may be erected on each street frontage.

That such sign shall be removed within twenty (20) days after sale of the property.

(3)

The following shall apply to all signs in any commercial, or industrial district:

(a)

(b)

Any sign permitted in the Residential Districts.

Signs may be authorized by special exception if they are used in conjunction with a business or industry, provided the business or industry is conducted within the municipality and further provided that the total area of one (1) side of such sign shall not exceed fifty (50) square feet. Only one (1) such sign shall be permitted on each street on which the property fronts or abuts. A total aggregate sign area of one-hundred (100) square feet shall not be exceeded unless authorized as a special exception. Free-standing signs shall be erected at a height not to exceed twenty-five (25) feet. Signs which are a basic structural part of the architectural design of said building shall be exempt from the area and size requirements of this Section. Such signs shall be restricted to no more than ten (10) percent of the wall area (including windows and doors) upon which such sign is affixed, attached, or painted.

(c) Sew-

Such stations shall be permitted one (1) free-standing brand-name sign not to exceed thirty-six (36) square feet in area to be not higher than twenty-five (25) feet above the ground.

126

Section 1003

The following restrictions shall apply to all permitted signs and sign uses:

(a) No sign shall be placed in such a position that it will cause danger on a street by obscuring the view; and in no case, except that of official traffic signs, closer than ftfty (50) feet to any intersection.

No sign, other than signs authorized in Section 1001, Paragraph (a), shall be erected within the right-of-way of any street unless specifically authorized by other municipal ordinances or regulations.

No sign shall be of a flashing type.

No red, green or yellow illuminated sign shall be permitted within three-hundred (300) feet of any traffic light.

No sign shall project over a public sidewalk or roadway; and no part of any sign shall be closer than fifteen (15) feet to the edge of the right-of-way of any street, road or way except in the VC District. In the VC District, signs may abut the edge of the rightof-way.

All signs must be constructed of durable materials and must be kept in good condition and repair at all times.

Section 1004 SJon-Conformina SianS

Any sign existing and lawful at the time of the passage of this Ordinance that does not conform in use, location, height or size with the regulations of the District in which such sign is located, shall be considered noncanforming.

Section 1005

All signs, billboards, signboards and other advertising devices as defined in Section 1000, over six (6) square feet in total overall area, shall require the issuance of a Zoning Permit before erection or replacement.

(b)

(c)

(d)

(e)

(1)

Permit Reau irements for Siana

127

ARTICLE XI

Section 1100

Section 1101

NONCONFORMITIES

Non-conforming use means a use, whether of land or of structure, which does not comply with the applicable use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation.

Non-conforming structure or lot means a structure or lot, or part of a structure or lot manifestly not designed to comply with the applicable use provisions in the zoning ordinance or amendment heretofore or hereafter enacted, where such structure or lot lawfully existed prior to enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include but are not limited to, non-conforming signs.

of N o n - 1

The zoning officer shall, upon adoption of this Ordinance or amendment thereof, identify and register all nonconforming uses and structures. Upon identifying the nonconformity, the zoning officer shall mail registration forms to the owner of record. The owner of record shall sign the forms and return the original and one (1) copy to the zoning officer within sixty (60) days.

Section 1102 The lawful use of a building or structure or the lawful use of any land as existing and lawful

at the time of the enactment of the Ordinance, or in the case of an amendment to this Ordinance then at the time of such amendment, may be continued except as hereinafter provided, although such use does not conform to the provisions of this Ordinance or subsequent amendments.

Section 1103 of W-conf- and S m

(a) A structure that is a permitted use in the District in which it is located but does not conform with the setback, yard, building height, or other dimensional requirements of the District in which it is located, may be extended provided that the extension does not increase the existing non-conformity or create any new non-conformities.

(b) 4 A use that does not of the District in which it is located may be

The proposed extens&iihall take place only upon the lot or contiguous lots held in the same ownership as that existing at the time the use became non-conforming. Permission to extend a nonconforming use as described in this Article shall not be construed to mean that new uses as described in Article VI1 may be established.

The proposed extension shall conform with the setback, yard, area, dimensional, building height, parking sign and other requirements of the District in which said extension is located, as contained in Article IV, V, and VI of this Ordinance.

Extension of any non-conforming industrial or commercial use may not take place beyond a one-hundred (1 00) foot buffer yard from all lot lines, if such existing contiguous area is available. All other non-conforming

129

industrial and commercial uses shall conform to the provisions of Section 1103(b)(4).

Any other use that cannot meet the buffer yard requirements in Section 11 03(b)(3) and does not conform with the requirements of the District in which it is located, may be extended not more than UtpO percent in floor area, land area, or building volume.

(4)

+-w (+si) Section 11 04 Restoratioq

A non-conforming building, or any building containing a non-conforming use, wholly or partially destroyed by fire, explosion, flood or other phenomenon, or legally condemned, may be reconstructed and used for the same non-conforming use, provided that reconstruction of the building shall be commenced within one (1) year from the date the building was destroyed or condemned and shall be carried on without interruption.

Section 1105

continued by the new owner. A change in non-conformity is governed by Section 1 107.

Section 1106 Abandonment If a non-conforming use of a building or land is abandoned for a continuous period of one

(1) year, subsequent use of such building or land shall be in conformity with the provisions of this Ordinance. For the purpose of this Ordinance, abandonment shall commence when the non- conforming use ceases.

Whenever a lot is sold to a new owner, a previously lawful non-conforming use may be

Section 11 07 Chanaes Once chanaed to a conforming use, no structure or land shall be Permitted to revert to a

non-conforming use. A non-conformhg use may be changed to another non-conforming use only under all of the following conditions:

Such change shall be permitted only as a Special Exception by the Zoning Hearing Board.

The applicant shall show that a non-conforming use cannot reasonably be changed to a permitted use.

The applicant shall show that the proposed change will be less objectionable in external effects !han the existing non-conforming use, with respect to:

(1) Traffic generation and congestion including truck, passenger car, and pedestrian traffic.

(a)

(b)

(c)

(2)

(3) Storage and waste disposal.

(4) Appearance.

Noise, smoke, dust, fumes, vapors, gases, heat, odor, glare or vibration.

130

ARTICLE XI CONDITIONAL USES

Section 1200

The Governing Body shall have the power to approve conditional uses when this Ordinance specifically requires the obtaining of such approval and for no other purpose.

Section 1201

(a) In granting a conditional use, the Governing Body shall make findings of this Ordinance. The Governing Body shall not approve a conditional use except in conformance with the conditions and standards outlined in this Ordinance.

(b) The Governing Body shall grant a conditional use only if it finds adequate evidence that any proposed development submitted will meet all of the following general requirements as well as any specific requirements and stamjards listed herein for the proposed use. The Governing Body shall among other things require that any proposed use and location be:

(1) In accordance with the Tinicum Township Comprehensive PlanAand is consistent with the s irit

(2) , In the best interests of the Municipality, the convenience of the community, the publi 2 welfare, and be a substantial improvement to the property in the immediate vicinity:

Suitable for the property in question, and designed, constructed, operated, and maintained so as to be in harmony with and appropriate in appearance to the existing or intended character of the general vicinity;

QJ O ~ ~ ? L & ~

nd the intent of this Ordinance; bk,&!T8f2$

(3)

(4)

(5)

In conformance with all applicable requirements of this Ordinance and all municipal ordinances;

Suitable in terms of effect on highway traffic and safety with adequate access arran ements to protect streets from undue congestion and hazard;9ft8- &OV)

(6) In accordance with sound and land

t-c.y\ cxL+:* (c) m-? ($4 necessary to ensure that any proposed development will secure substantially the

objectives of this Ordinance.

Review by the Planning Commission

The Governing Body shall request an advisory opinion from the Planning Md,,ry &d5 C o r n i n any application for a Conditional Use; the Planning Commission is

to submit a report of such advisory opinion prior to the date of the public hearing

request a report from the Township Engineer.cd &

(d)

GA Q"y &

( 4 4 held by the Governing Body on an application. The

Section 1202

Conditional use applications shall be governed by the following:

(a) The landowner shall make a written request to the Governing Body, on a form provided by the Township, that it hold a hearing on the application, and pay a fee

131

Section 1202 ( c ) is amended as follows: “The Governing Body shall hold a hearing upon the request, commencing not later than sixty (60) days after the request is filed. An applicant may request a continuance. The Governing Body in its discretion may grant or may deny a continuance.

- - - - - _ __ - _ _ _ _ ~ _ -~ - - -

in accordance with a fee schedule adopted by resolution of the governing Body, or as such schedule may be amended from time to time. The request shall contain a statement reasonably informing the Governing Body of the matters that are in issue.

(b) The application shall be accompanied by plans and other materials describing the use or development proposed. Such plans and other materials shall provide a sufficient basis for evaluating the applicants requests. Information required by this Ordinance shall accompany the application.

Section 1203

The Governing Body shall conduct hearings and make decisions in accordance with the

The parties to the hearing shall be the Municipality, any persons affected by the application who have made timely appearance of record, and any other persons including representatives of civic or community organizations permitted to appear by the Governing Body. The Governing Body may require that all persons who wish to be considered parties enter appearances in writing on forms provided for that purpose. The hearing shall be a public hearing.

The chairman or acting chairman shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.

The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.

Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.

A stenographic record and transcript of the proceedings shall be kept, and copies of graphic or written material received in evidence shall be made available to any party, at cost.

The Governing Body shall not communicate, directly or indirectly, with any party or his representative in connection with any issue involved except upon notice and where all parties have opportunity to participate. The Governing Body shall not take notice of any communication, report, staff memoranda, or other materials unless the parties are afforded an opportunity to contest the material so noticed, and shall not inspect the site or its surroundings after the commencement of hearing with any party unless all parties are given an opportunity to be present.

The Governing Body shall render a written decision on the application within forty- five (45) days after the last hearing before the Governing Body. Conclusions based on the provision of any act of the Commonwealth, or ordinance, rule or regulation shall contain a reference to the provisions relied upon and the reasons why the conclusion is deemed appropriate in light of the facts found. Where the Governing Body fails to render its decision within forty-five (45) days, the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed in writing to an extension of time.

132

(h) A copy of the final decision of the findings shall be delivered to the applicant personally or mailed to him via certified or registered letter not later than the day following its date. TO all other persons who have filed their name and address with the board, prior to the close of the hearings, the board shall mail a brief notice of the decision or findings and a notice of the place where they may examine the full decision or findings.

133

ARTICLE Xlll ADMINISTRATION

Section 1300

Officer, who shall be appointed by the governing body.

70nina Qf&ZL!hkS and POWeLS

The provisions of this Ordinance shall be administered and enforced by the Zoning

It shall be the duty of the Zoning Officer and heishe shall have the power to:

Receive and examine all applications for Zoning Permits.

Process Zoning Permit applications or uses listed and described in Article VII.

The Zoning Officer shall issue permits only where there is compliance with the provisions of this Ordinance, with other Township Ordinances and with the laws of the Commonwealth. Permits for construction of uses requiring a special exception of variance shall be issued only upon order of the Zoning Hearing Board. Permits requiring approval by the Township Supervisors shall be issued only after receipt of approval from the Township Supervisors.

Receive applications for conditional uses, curative amendments and zoning changes, forwarding requests to the governing body, planning commission, and other appropriate agencies.

Receive applications for special exceptions and variances and to forward these applications to the Zoning Hearing Board for action thereon.

Following refusal of a permit, to receive applications for interpretation, appeals and variances. These applications will then be forwarded to the Zoning Hearing Board for action thereon.

Conduct inspections and surveys to determine compliance or non-compliance with the terms of this Ordinance.

Issue stop, cease and desist orders, and order in writing correction of all conditions found to be in violation of the provisions of all applicable Township Ordinances. Such written orders shall be sewed personally or by certified mail upon persons, firms, or corporations deemed by the Zoning Officer to be violating the terms of this Ordinance. It shall be unlawful for any person to violate any such order issued lawfully by the Zoning Officer, and any person violating any such order shall be guilty of a violation of this Ordinance.

With the approval of the governing body, or when directed by them, institute in the name of the municipality any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct or abate such violation, so as to prevent the occupancy or use of any building, structure, or land, or to prevent any illegal act, conduct business or use in or about such premises.

Revoke any order or zoning permit issued under a mistake of fact, or contrary to the law, or the provisions of this Ordinance.

Record and file all applications for zoning permits with accompanying plans and documents. All applications, plans, and documents shall be a public record.

Maintain a map or maps showing the current zoning classification of all land in the Township.

(m) The Zoning Officer may routinely issue zoning permits for use 61 Single-Family Detached Dwelling, Use H1 Home Occupation, Use H2 Accessory Office, Use H3(a), (b), and (c) Residential Accessory Structure of use, H6 Temporary Structure or use, and H7 Signs, if they meet the applicable requirements of the Zoning Ordinance. Applications for zoning permits other than the afrementioned shall be referred to the Planning Commission, and, when directed to so by the Supervisors, to the Township Engineer.

Register non-conforming structures, uses and lots in accordance with provisions of Article XI.

(n)

Section 1301

The Planning Commission shall review applications for Zoning Permits referred to it under Section 1300 (rn) to ensure compliance with the terms of this Ordinance. In reviewing such applications, the Planning Commission shall follow the same procedure employed in reviewing subdivision plans. The Planning Cornmission shall submit its recommendations and findings to the Board of Supervisors within thirty (30) days of receipt of the application from the Zoning Officer. Should the Planning Commission fail to submit a report and recommendations to the Board of Supervisors within forty-five (45) days from receipt of the application from the Zoning

' Officer, the application shall be deemed acceptable to the Planning Commission.

Section 1302

Hereafter, no use listed in Article VI1 may be established or changed; no structure shall be erected, constructed, reconstructed, altered, razed, removed, and no building used or occupied, or changed in use, until a Zoning Permit has been secured from the Zoning Officer. Upon completion of changes in use or construction, reconstruction, alteration or moving of structures, the applicant shall notify the Zoning Officer of such completion. No permit shall be considered as complete or as permanently effective until the Zoning Officer has noted on the permit that the work or occupancy and use have been inspected and approved as being in conformity with the provisions of this Ordinance.

Section 1303

-

(a) All applications for Zoning Permits shall be made in writing by the owner, tenant, vendee under contract of sale, or authorized agent on a form supplied by the municipality and shall be filed with the Zoning Officer. The application shall include four (4) copies of the following information:

(1)

(2)

A statement as to the proposed use of the building or land.

A site layout drawn to scale showing the location, dimensions, and height of proposed buildings, structures, or uses and any existing buildings in relation to property and street lines. If the application relates to property scheduled to be developed in successive stages, such plans shall show the relationship of the portion scheduled for initial development to the proposed layout of the entire property.

The location, dimensions, and arrangements of all open spaces, yards and buffer yards, including methods to be employed for screening.

(3)

(4) The location, size, arrangement and capacity of all areas to be used for motor vehicle access, off-street parking, off -street loading and unloading and provisions to be made for lighting such areas.

(5) The dimensions, location and methods of illumination for signs, if applicable.

136

a

a

The location and dimensions of sidewalks and all other areas to be devoted to pedestrian use.

Provisions to be made for treatment and disposal of sewage and industrial wastes, water supply, and storm drainage.

The capacity and arrangement of all buildings used or intended to be used for dwelling purposes, including the proposed density in terms of number of dwelling units per acre of land.

A description of any proposed industrial or commercial operations in sufficient detail to indicate effects of those operations in producing noise, glare, air pollution, fire hazards, traffic congestion or other safety hazards.

Description of methods to be employed in controlling any excess noise, air pollution, smoke, fumes, water pollution, fire hazards or other safety hazards.

Any other data deemed necessary by the Zoning Officer, Planning Commission or governing body to enable them to determine the compliance of the proposed development with the terms of this Ordinance.

(b) No permit for any new use or construction which will involve the on-site disposal of sewage or waste, and no permit for a change in use or an alteration which will result in an increased volume of sewage or waste to be disposed of on the site, shall be issued until a certificate of approval has been issued by the Bucks County Department of Health.

Section 1304

All applicants for Zoning Permits, special exceptions and interpretation and variance appeals shall, at the time of making application, pay to the Zoning Officer for use of the municipality a fee in accordance with a fee schedule adopted by resolution of the governing body upon the enactment of this Ordinance or as such schedule may be amended by resolution of the governing body.

Section 1305

.

Any erection, construction, reconstruction, alteration or moving of a building or other structure, including a sign authorized by a zoning permit, shall be commenced, and any change in use of a building or land authorized by a zoning permit shall be undertaken, within one (1) year after the date of issuance of the permit. If not, the permit shall be considered null and void. However, in case of erection or construction of a building, the right to proceed with construction may be extended annually without additional fees for an aggregate period of not more than three (3) years, provided that the construction pursuant to said permit has commenced within the first one (1) year period.

Section 1306 of 0-

Hereafter no structure erected, constructed, reconstructed, extended or moved, and no land or building changed in use under a zoning permit, shall be occupied or used in whole or in part for any use whatsoever, until the owner or authorized agent has been issued a certificate of occupancy by the Zoning Officer, indicating that the building or use complies with the terms of zoning as provided in this Ordinance.

137

No certificate shall be issued until the premises in question have been inspected and found by the Zoning Officer to be in compliance with the Zoning Ordinance. No fee shall be charged for a certificate of occupancy.

The issuance of a certificate of occupancy in no way absolves the owner or authorized agent from compliance with the intent of this Ordinance.

Section 1307 ~&QMU&S (See Article 12) . .

138

ARTICLE XIV ZONING HEARING BOARD

Section 1400

A Zoning Hearing Board is established in order that the objectives of this Ordinance may be fully and equitably achieved and that a means for competent interpretation of this Ordinance be provided.

Section 1401 ID. Terms of

a

The Zoning Hearing Board shall consist of three (3) members, appointed by the Board of Supervisors for overlapping three (3) year terms. Members of the Board shall hold no other Township office.

Section 1401 A - The board of Supervisors may appoint by resolution at least one, but no more than three,

residents of the Township to serve as alternate members of the Board. The term of office of an alternate member shall be three years. An alternate shall be entitled to participate in all proceedings and discussions of the Board to the same and full extent as provided by law for Board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties set forth in Act 170, and as otherwise provided by law. Alternates shall hold no other office in the Township, including membership on the Planning Commission and Zoning Officer. Any alternate may participate in any proceeding or discussion of the Board, but shall not be entitled to vote as a member of the Board, nor be compensated, unless designated as a voting alternate member.

Section 1402 v ' 0 Any Board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of the governing body which appointed the member taken after the member has received fifteen (15) days advance notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member shall request it in writing. Vacancies shall be filled for the unexpired term in the same manner as in the case of original appointments.

Section 1403 Procedure (a) Officers. The Board shall elect a chairman from its membership, shall appoint a

secretary, and shall prescribe rules in accordance with the provisions of the Municipalities Planning Code and this Ordinance for the conduct of its affairs. The Chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses.

Meetings. Meetings shall be open to the public and shall be at the call of the chairman and at such other times as the Board shall specify in its rules of procedure. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all members of the Board: but where two (2) members are disqualified to act in a particular matter, the remaining officer may act for the Board. The Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf and the parties may waive further action by the Board.

(b)

(c) Records and Decisions. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question; or if absent or failing to vote, indicating such fact; and shall keep records of its examinations and other official actions, all of which shall be filed immediately in the office of the Board and shall be a public record.

139

a

a

(d) Compensation. The Board of Supervisors shall fix per-meeting compensation for the members of the Board, according to a schedule adopted by resolution of the Supervisors upon the enactment of this Ordinance or as such schedule may be amended from time to time.

(e) The Board or the hearing officer, as the case may be, shall keep a stenographic record and transcript of the proceedings, and copies of graphic or written material received in evidence shall be made available to any party at cost.

If, by reason of absence or disqualification of a member, a quorum is not reached, the Chairman of the Board shall designate as many alternate members of the Board to sit on the Board as may be needed to provide a quorum. Any alternate member of the Board shall continue to sew8 on the Board in all proceedings involving the matter or case for which the alternate was initially appointed until the Board has made a final determination of the matter or case. Designation of an alternate shall be made on a case-bycase basis in rotation according to declining seniority among all alternates.

(f)

Section 1404

Upon appeal from a decision by the Zoning Officer, the Zoning Hearing Board shall

(a) involving the interpretation of any provisions of this Ordinance, including determination of the exact location of any district boundary if there is uncertainty with respect thereto; or

decide any questions:

(b) where it is alleged there is error in any order, requirement, decision or determination including any order requiring an alleged violation to stop, cease and desist, made by the Zoning Officer in the enforcement of this Ordinance.

An appeal of the decision of the Zoning Officer will not act as a stay of a Cease and Desist Order.

(c)

Section 1405 Variances

(a) Applicability. Upon appeal from a decision by the Zoning Officer, the Zoning Hearing Board shall have the power to vary or adapt the strid application of any of the dimensional requirements of this Ordinance, where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the enactment of the Ordinance or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition on such piece of property, the strict application of any regulation enacted under this Ordinance would result in peculiar and exceptional and undue hardship upon the owner of such property, but in no other case.

Condition. In general, the power to authorize a variance from the terms of this Ordinance shall be sparingly exercised and only under peculiar and exceptional circumstances.

(b)

(c) Requirement and Standards. No variance in the strict application of the provisions of this Ordinance shall be granted by the Board unless the Board finds that the requirements and standards are satisfied.

The applicant must prove that the variance will not be contrary to the public interest and that practical difficulty and unnecessary hardship will result if it is not granted. In particular, the applicant shall establish and substantiate that the

140

A. An advisory opinion from the Planning Commission on all applications for a variance is requested pursuant to 53 P.S. Sec. 10209 (9) and its testimony is requested as determined by the manager pursuant to 53 P.S. Sec. 10209 (10.1). The Planning Commission shall submit its written report of such advisory opinion prior to the date of the Zoning Hearing Board hearing. The Planning Commission may request a report from the Township Engineer subject to approval of the Board of Supervisors and shall offer an opportunity to the applicant to make a submission and/or appear at its meeting.

-

request for the variance is in conformance with all the requirements and standards listed below: . /

Section 1406

(4

That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size of shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of the Zoning Ordinance in the neighborhood or district in which the property is located.

That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions 'f the Zoning Ordinance and that the authorization of a variance ittherefore, necessary to enable the reasonable use of the property;

That such unnecessary hardship has not been created by the applicant] or that the applicant, at the time that he purchased the property was not aware or could not reasonably have been expected to be aware of the zoning classification and restrictions placed on the property or the circumstances giving rise to the hardship;

That the alter the essential character of the neighborhood or or permanently impair the approbriate use or development of adjacent property, nor be detrimental to the public welfare;

That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.

property is located, nor substantially

In granting any variance, the Board may attach reasonable conditions and safeguards as it may be necessary to implement the purposes of this act in the Zoning Ordinance.

Applicability. The Zoning Hearing Board shall have the power to approve special exceptions when this Ordinance specifically requires the obtaining of such approval and for no other use or purpose.

Conditions and Standards. In granting a special exception, the Zoning Hearing Board shall make findings of fact consistent with the provisions of this Ordinance. The Board shall not approve a special exception except in conformance with the conditions and standards outlined in this Ordinance.

The General Requirements and Standards Applicable to All Special Exceptions. The Board shall grant a special exception only if it finds adequate evidence presented by the applicant that proposed special exception is duly authorized under provisions of this Ordinance, that the application falls within the terms of the specific provisions allowing for special exceptions, and that the proposed use complies with all other requirements of this Ordinance. The Zoning Hearing Board shall refuse an application for special exception where opponents to the application established by a preponderance of evidence that the application is contrary to the health, safety, and morals or general welfare of the community at large. The Zoning Hearing Board in granting special exception may attach such reasonable conditions and safeguards as it may deem necessary to implement

141

the purpose of this Ordinance. The Board shall, among other things, require that any proposed use and location be:

(1) in accordance with the Tinicum Township Comprehensive Plan and consistent with the spirit, puposes, and the intent of this Ordinance?

(2) in the best interests of the Township, the convenience of the

adOpPn+k?\\a, 3(..

k A k , A \ , r n A &i) community, the public > welfare, and be a substantial improvement to the property in the immediate vicinity:

suitable for the property in question, and designed, constructed, operated, and maintained so as to be in harmony with and appropriate in appearance to the existing or intended character of the general vicinity;

in conformance with applicable requirements of this Ordinance;

suitable in terms of effects on highway traffic and safety with adequate access arrangements to protect streets from undue congestion and

(3)

(4)

(5)

h=r- C+i) (6) in sound standards of subdivision practice Hsww'

Commission is to submit a report of such advisory opinion prior to the date of the Public Hearing held by the Zoning Hearing Board. The PI n log Commi '0 may request a report from the Township Engineer. cd VL --cat; [$>

the . . Section 1407

The Board shall follow the requirements of Section 609.2 of the Municipalities Planning Code MPC if it determines a curative amendment petition is valid.

Section 1408

Where the Board has jurisdiction over a zoning matter pursuant to Sections 1404, 1405, and 1407, the Board shall also hear all appeals which an applicant may elect to bring before it with respect to any Township ordinance or requirement pertaining to the same development plan or development. In any such case, the Board shall have no power to pass upon the nonzoning issues, but shall take evidence and make a record thereon as provided in Section 1502 (d). At the conclusion of the hearing, the Board shall make findings on all relevant issues of fact which shall become a part of the record on appeal to the court.

142

ARTlCLE XV APPEALS AND AMENDMENTS

Section 1500

The following types of appeals are set forth in Articles IX and X of the Pennsylvania Municipalities Planning Code, and each has its own procedures as noted.

Type of Appeal Agency of Jurisdiction Reference

3

4

5

Validity of Ordinance -- Procedural Question

Validity of Ordinance -- Substantive Questions; Landowner Appeals

Validity of Ordinance -- Substantive Questions Persons Aggrieved

Appeal of Decisions or Orders - No validity question involved; Landowner Appeals

Appeal of Decisions or orders - No validity question; Persons Aggrieved

Bucks County Court of Section Common Pleas 1101

Zoning Hearing Board or Governing Body

Zoning Hearing Board



Sections 1102, 1006,

and 908

Sections 1103, 1106

Sections 1004, 908

Section 1005

The Zoning Hearing Board shall have exclusive jurisdiction of the following determinations:

(a) Substantive challenges to validity of land use ordinance, except curative amendments.

(b) Procedural challenges on land use ordinance.

(c)

(d)

(e) Variances.

(0 Special Exceptions.

Appeals from a zoning officer determination.

Appeals from determinations by the municipal engineer or zoning officer on flood plain ordinances.

(9)

(h)

(0

Appeals from TDR or performance density provisions.

Appeals from zoning offiiets preliminary opinions of appropriateness.

Appeals from determinations by zoning officer or engineer for erosion or storm water management not involving a subdivision or PRD.

Or-: Proce- - Repealed Section 1501

Section 1502 v of Ordimce: S u m t i v e Qu-- Repealed

a

143

Section 1503 f Or-ce: S-ve bv P e r m Aaarleved

Persons aggrieved by a use or development permitted on the land of another, by an ordinance or map or any provision thereof, who desire to challenge its validity on substantive grounds shall submit their challenge to the Zoning Hearing Board as a "Challenge to the Validity of Ordinance or Map," Section 1407 of this Ordinance. The submission shall be governed by the following:

(a) A written request shall be submitted to the Board that it hold a hearing on the challenge. The request shall contain a short statement reasonably informing the Board of the matters in issue and the grounds for the challenge.

No person shall be allowed to file any proceeding with the Board later than thirty (30) days after any application for development, preliminary or final, has been approved by an appropriate municipal officer, agency, or body, if such proceeding is designed to secure reversal or to limit the approval in any manner.

(b)

(c) The Zoning Hearing Board shall hold a hearing in accordance with Section 1502 ( 4 -

(d) After submitting his challenge to the Board as provided in this Section, any party aggrieved may take the same to the Bucks County Court of Common Pleas, by appeal filed not later than thirty (30) days after notices of the report of the Board are issued.

Section 1504 of an

(a) A landowner who desires to file a zoning application or to secure review or correction of a decision or order of the Board of Supervisors or of any officer or agency of the municipality which prohibits or restricts the use or development of land in which he has an interest on the grounds that such decision or order is not authorized by or is contrary to the provisions of an ordinance or map shall proceed as follows:

a

(1) From a decision of the Board of Supervisors or planning agency under a subdivision or land development ordinance, the landowner may appeal directly to Court or to the Zoning Hearing Board under Section 1408 (Unified Appeals) in cases where that section is applicable.

To the extent that the Board has jurisdiction of the same, under Section 1404 (Interpretation of Zoning Officer's Decisions), all other appeals shall lie exclusively to the Zoning Hearing Board.

(3) Applications for Variances or Special Exceptions shall be made exclusively to the Zoning Hearing Board.

All appeals to the Zoning Hearing Board pursuant to this Section shall be filed within thirty (30) days after notice of the decision is issued; or if no decision is made, within thirty (30) days after it is deemed to have been made under the provisions of this Ordinance and the Municipalities Planning Code, Act 247.

(2)

(b)

Or- lnvolvirlg the V W of a- . . Section 1505

Application shall be made directly to the Zoning Hearing Board under the provisions of Section 1503, where such action involves a question of the Zoning Officer's decision or an action by the Board of Supervisors, Planning Commission or other township official.

Section 1506 - The Board of Supervisors may from time to time amend, supplement, change, modify, or

appeal this Ordinance, including the Zoning Map. When doing so, the Board of Supervisors shall proceed in the manner prescribed in this Article.

Section 1507 who b4aymm . .

Proposals for amendment, supplement, change, modification, or repeal may be initiated by the Board of Supervisors on its own motion, by the Planning Commission, or by petition of one or more owners of property to be affected by the proposed amendment, subject to the following

Proposals originated by the Board of Supervisors -- The Board of Supervisors shall reter every proposed amendment, supplement, change, modification, or repeal originated by the Board to the Township and County Planning Commissions. Within forty-five (45) days of the submission of said proposal, the Planning Commission shall submit to the Board of Supervisors a report containing the Commission's recommendation, including any additions or modifications to the original proposal. Within this period of time, the Bucks County Planning Commission shall forward its review to the Board of Supervisors and the Planning Commission.

Proposals originated by the Planning Commission -- The Planning Commission may at any time transmit to the Board of Supervisors any proposal for the amendment, supplement, change, modification, or repeal of this Ordinance.

Proposals originated by a citizen's petition -- Each petition by one or more owners of property to be affected by a proposal for amendment, supplement, change, or modification shall be signed and acknowledged, and submitted in writing to the Secretary of the Board of supervisors. On receipt of said petition the Board of Supervisors shall transmit a copy of the petition to the Planning Commission.

Within forty-five (45) days after its submission to the Planning Commission, the Commission shall submit to the Board of Supervisors a report containing the Commission's recommendation, including any additions to or modifications of the original proposal.

Section 1508

1. Transportation Impact Study

meet one or more of the following criteria:

Residential: 1-88.or more dwelling units.

Commercial:

Industrial:

A transportation impact study shall be required for all zoning amendments that

5 c3l4 3,- (3b4

A commercial building or buildings consisting of 2WW square feet or more of gross leasable floor space, and all fast food franchises.

A development consisting of- square feet or more of gross leasable floor space. 3J5W d&)

I.

Institutional: Medical, Public, Institutional: All developments of 25,000 square feet or more of gross floor area.

These impact studies will be reviewed by the Township and must be found to be satisfactory prior to granting the zoning amendment. Any improvements identified by the studies will be required improvements at the time approval is granted.

Traffic Impact Study - the study will enable the Township to assess the impact of a proposed amendment on the traffic system. Its purpose is to ensure that proposed amendments do not adversely affect the traffic network and to identify any traffic problems associated with access from the site onto the existing roads. The study's purpose is also to delineate solutions to potential problems and to present improvements to be incorporated into the proposed amendment.

Traffic Facilities Description - the description shall contain a full documentation of the proposed internal and existing highway system. The report shall describe the external roadway system within the area. Major intersections in the area shall be identified and sketched. All future highway improvements which are part of proposed roadway improvements which are, in turn, part of proposed surrounding developments shall be noted and included in the calculations.

Existing Traffic Conditions - Existing traffic conditions shall be measured and documented for all roadways and intersections in the area. Existing traffic volumes for average daily traffic, peak highway hour@) traffic, and peak devebpment - generated hour@) traffic shall be recorded. Manual traffic counts at major intersections in the study area shall be conducted, encompassing the peak highway and developmentgenerated hour(s), and documentation shall be included in the report. A volume/capacity analysis based upon existing volumes shall be performed during the peak highway hour@) and the peak devebpment- generated hour@) for all roadways and major intersections in the study area. Levels of service shall be determined for each bcation.

(a)

(b)

(c)

This analysis will determine the adequacy of the existing roadway system to sew8 the current traffic demand. Roadways and/or intersections experiencing levels of Service E or F, as described in ReDart 187: Qjck R e w e IJ&~II Travd

Transportation Research Board, 1978, shall be noted as congested locations.

Traffic Impact of the Amendment - Estimation of vehicular trips to result from the proposal shall be completed for the average daily peak highway hour@). Vehicular trip generation rates to be used for this calculation shall be obtained from the . These developmentgenerated traffic volumes shall be provided for the in-bound and out-bound traffic movements as estimated, and the reference source(s) and methodology followed shall be documented. All turning movements shall be calculated. These generated volumes shall be distributed to the area and assigned to the existing roadways and intersections throughout the area. Documentation of all assumptions used in the distribution and assignment phase shall be provided. Traffic volumes shall be assigned to individual access points. Any characteristics of the site that will cause particular trip generation problems shall be noted.

Analysis of Traffic Impact - The total future traffic demand shall be calculated. This demand shall consist of the combination of the existing traffic expanded to the completion year, (using an annual traffic rate available from the Delaware Valley Regional Planning Commission or PennDOT), the amendment generated traffic, and the traffic generated by other proposed developments in the study area. A second volume/capacity analysis shall be conducted using the total future

(d)

(e)

146

demand and the future roadway capacity. If staging of the proposed development is anticipated, calculation for each stage of completion shall be made. This analysis shall be performed during the peak highway hour@) and peak development-generated hour@) for all roadways and major intersections in the study area. Volumekapacity calculations shall be completed for all major intersections.

(1) Conclusions and Recommendations - Levels of service for all roadways and intersections shall be listed. All roadways andlor intersections showing a level of service below C shall be considered deficient and specific recommendations for the elimination of these problems shall be listed. This listing of recommended improvements shall include, but not be limited to, the following elements: internal circulation design, site access location and design, external roadway and intersection design and improvements, traffic signal installation and operation including timing, and transit design improvements. All physical roadway improvements shall be shown in sketches.

2. Water Feasibility Study

A water feasibility study shall be required for all zoning amendments that meet

3,5-

Industrial: leasable floor space.

Institutional: Medical, Public, Institutional: All developments of- square feet or more of gross floor area.

These impact studies will be reviewed by the Township and must be found to be satisfactory prior to granting a zoning amendment. Any improvements identified by the studies will be required improvements at the time approval is granted.

This study will enable the township to evaluate the impact of the proposed development on the groundwater supply and on existing wells. The purpose of the study will be to determine if there is an adequate supply of water for the proposed development and to estimate the impact of the new development on existing wells in the vicinity. The Township Engineer shall be involved in the Feasibility Study as the Township feels is appropriate and necessary.

A. Where applicable, all wells shall comply with the regulations 01 the Delaware River Basin Commission (DRBC). Certification of DRBC approval shall be submitted prior to the granting of final approval of the subdivision or land development application.

A water feasibility study shall include the following information: B.

1.

2.

calculations of the projected water needs;

a geologic map of the area with a radius of at least one (1) mile from the site;

147

SATURDAY I51 T r i p G e n e r a t i o n Rates' MEEKDAY

PEAK IIOUR RATES OF GENERATOR

PEAK IIOUR OF PEAK HOUR OF AWACUNT AVERAGE TRIP GENERATOR STREET TRAFFIC GENERATION RATES w PM

Between 4 and 6 TYPE OP lAND USE TYPE OF DEVELOPWENT AWRAGE TRIP A.M. P.M. Between 7 b 9 I N OUT TOTAL IN OUT TOTAL GENERATIOW RATES III WTOTAL IN OUT TOTAL IN OUT TOTAL

0 . 1 0.4 1.0 0.3 0.6 0.0

0.5 0.3 0.46 0 . 4

3.5 2.9

-

0 . 5 0

0.02 41.5

89.9

2.34

0.05 0.65

0 .85 0 . 8 3 0 .58

0.16 0. I4 0.18

Residen t i a1 S i m i l e - f a m i l v d e t a c h e d 10 t r i p s per D.U. 0.3 0.6 0 . 0 0 . 1 0.4 1.0

0.4

0.6 0 . 3 0.59

1 4 . 1 8.2 5.0 4.8 5.2 5.7 3. 30

2 . 5 0 3.3

0 . 0 7 10.5

31.6 10.9 - 2.09

0.73 0.71

1.05 0.81 1.63

-

o . n i 0.06 0.12

10.1 t r i p s p e r D.U. 0 . 5 0 . 5 1 .0 Tor ihouse , Mi11 t i p lex , Twin, ~ u p l e x , P a t l o , Atrium. Cardnn Apartinont Mid b l l iqh R i s e A p t . Mnhile llone Ret i rorncnt C m u n i Cy

0 . 1 t r i p s p e r D.V. 5.4 t r i p . per 0.1). 4 . 3 t r lpm per D.lJ.

5.30 t r l p a per D.U. 3. 3 t r i p . per 0.1).

0.10 0 .55 0.13 0.1 0.4 0 . 5 - - 0 . 3 0.12 0.35 0.44 - - 0.4

0.65 0.20 0.93 0.4 0 .2 0.6

0.5 0 .37 0.22 0.59

0 . 4

- - - -

0 . 4 0.2

0.37 0.22

2.6 t r i p s per D.U.

5.53 t r i p s p e r 0.U.

- - - 0.28 0.24 0 . 5 !

C o m m rci a I Shopping C e n t e r 0-49,999 g r o a n eq. It. 50,OOL-99,999 groms s q . f t 100,000-199,999 cr. e q . f t . 200,000-299,999 Cc. e q . f t . 300,000-399,999 O r . uq. f t . 400,000-499,999 cr. mq.ft. 500,000-999,999 Cr. s q . f t .

i,ooo.ono-i,2~~,999 Cr . e q . f t . Over 1,250,000 Cr. mq.ft. Discount Store

l15.8/1000 sq. . 79.1/1000 eq. 60.4/1000 aq. 49.9/1000 mq. 40.4/1000 eq. 47.6/1000 eq. 34.5/1000 eq.

26.5/1000 sq. 64.6/1000 sa.

31.1/1000 eq.

ft.CFA - - 8.5 ft.CFA - - 1.1 f t .CFA - - 3.0 ft.GPA 2.6 2.5 4 . 1 ft.GFA - - 3.4 ft.CFA - - 3.9 f t . * ;FA - - - f t .CFA - - - ft.CFA - - - ft.CPA - . - -

6.8 1.0 15.5 3.3 3 . 4 9.1 3.0 2 . 0 5 . 5 2 . 7 2 . 5 5 . 3

5. 2 5.0

2.22 1.92 3.01 0.68 4.21 4.90 1.40 1.66 3.06 2.6 2.4 6.3

0.16 0.15 0.15 13.0 9.2 2 1 . 2

4 4 . 4 41.9 70.0 6.0 1 . 4 15.7

4.10 5.00 9.10

0.19 1.40 2.09 2.00 2.00 5.60 - - 0.07 - - 0.0s

- - 0.04 - - 0.76 - - 1.63

0.04 0.01 0.11 0 . 0 1 0.13 0 .23

- - - -

1.1 0.9 - - - - - - - - - - 0.64 0 .32

0.35 0.15 - - - -

0 . 0 3 0 .02 - - 49.7 40.2 - - - - 1.90 0.36

0 .50 0.29 - -

-

7.2 1 . 2 2 . 4 2 . 1 2.6 2.9 2.1 2.3

1.23 1.29 1.37 1.01 1.10 1.48 1 . 4 1.9

0.01 0.05 9.9 4 . 0

11.0 14.6 3.7 3.3 - 0.19 - 1.48

0.36 0 .37

- - -

156.3/1000 m q . f t . CFA 107.6/1000 eq. f t . CFA 797/1000 eq. I t . CPA 02.7/1000 eq. I t . CPA 78.9/1000 sq. It. GFA 66.1/1000 aq. f t . CFA 43.9/1000 sq . f t . CFA 41.7/1000 s q . It. CFA 34.3/1000 sq . f t . (;FA - 1.87 t r i p s p e r n e a t 67.8/1000 sq. E t . GFA

- 4.2 .5.6 12.6 4 . 1 3.8 1.9 4.3 4.1 0 . 3 - 10.11 - 1.69 3.34 - 2.04 2.21 4 . 3 1 - 0.22 0 . 2 8 0.69

D r i v e - I n R e s t a u r a n t Fast Frnia 553/1000 s q . f t . CFA - - -

Supermarlre t 125.5/1000 sq.ft.tiFA - - - F r n a s t a n d i n q Rotall Storo. 69/1000 sq . ft.CFA .60 .40 1.00

- - - 1.14

- 0.61 - 0 . 8 1

- 4.3 - -

-

0.11 0.04 - 0.15

-

o f f i c e Genera l o f f i c e B u i l d i n y 11.69/1000 sq . f t .WA 1.90 0.36 2 .34

10.5 t r l p s p o r ro'm - - 0.90 9.50 t r i p s por roam - - 0.06

MedlcdL O f f i c o B u i l d i n g 53/1000 e q . f t . CFA - - - 5.43/1000 sq . f t . CFA 34.7/1000 eq. f t . CFA 8.1 t r i p e per room 0.35 t r i p s p e r r o o m

IIOTEL notel

5.43/1000 s q . f t . GFA - - 0.97 4.10/1000 e q . f t . :;FA - - 0.79 5.01/1000 0 q . f t . GFA - - 1.61

0 . 5 1 t r i l i n 1h-r s t u r l m t . 0. I 1 0.05 0.16 1.22 t r i p s p e r s t u d e n t 0.19 0.07 0.26 1.55 t r i p s p e r wtudeiit 0.16 0.03 0.18 2.5 t r i p s p e r studen.: 0.17 0.03 0 .20

14 t r i p s p e r b e d 0.56 0.24 0.80

I n d u s t r i a l Genera l I n d u s t r i a l Manu t a c t u r i n g Uarohous i n g

Clcrnentary Schoola l l iqh School J r. /Cormnun 1 t y COl lege Col leqcs. l l o s p i t a l

I n e t i tu t i ona I

0.15 0 .02 - 0.04 0 .08 0 .71 t r i p s p e r studen: 0.05 0.11 0.16

0.05 0.12 0.17 0.66 0.24 0.90 - 8.53 t r i p s p e r bad 0 . 5 7 0.61 1.26

__ Sources : T r i p r e n o r a t i o n , I n s t i t u t e o f T r a n s p o r t a t i o n Enyi

' T r d n s p o r t a t i o n Impact S tudy nodel Ordinance' , nbc. .. cyy.LI . .s.r.l..v ---.--.v.., .I.a, (as i n d i c a t e d by d s l n r i s t ( * ) . CFA - CrOsO F l o o r Arod

(-1 - Datn n o t a v a i l a b l e

1. These r a t e s s h a l l be reviewed by t h e Township PlanninY COmUniSSiOn for a p p l i c a n t i n r e q u i r e d to use t h e above r a t e s where apPl iCdbl0 . developar s h a l l p r o v i d e t h e rates and doc-nt t h e a p p r o p r i a t e U O U r C e . d i f f e r e n t rates than those g i v e n , he shall submit t h e rates and t h e specific j u s t i f i c e t i o n t o t h e Tounehip P l a n n i n g C o m i s s i o n p r i o r to submiss ion o t t h e T r d n s y o r t a t i o n Impact S tudy f o r t h e i r a p p r o v a l or d e n i a l .

ChdngEO t h a t may be a p p r o p r i a t e . Tho Where t h e a p p r o p r i a t e d a t a 1s n o t a v a i l a b l e , t h e

I f t h e d e v e l o p e r requemts to use s i g n i f i c a n t l y

3. the location of all existing and proposed wells within one-thousand (1,000) feet of the site, with a notation of the capacity of all high yield wells;

4.

5 .

6.

the location of all existing on-lot sewage disposal systems within one- thousand (1,000) feet of the site;

the location of all streams within one-thousand (1,000) feet of the site and all known point sources of pollution;

the location of all known geologic faults and lineations within one- thousand (1,000) feet of the site;

7. based on the geologic formation(s) underlying the site the long-term safe yield shall be determined; and

a determination of the effects of the proposed water supply system on the quantity and quality of water in nearby wells, streams and the groundwater table.

As part of the water feasibility study and to provide more specific information for a particular site the following shall be performed:

1. at least one (1) test well shall be drilled;

2. at least two (2) monitoring wells per test well shall be drilled to monitor the impad of the test well;

3. a pump test of seventy-two (72) hours shall be performed on the test well:

8.

C.

4.

5 .

6.

Developer shall demonstrate that there shall be no adverse impact upon surrounding wells.

the rate (gallons per minute) at which the well was pumped shall be logged; and

continuous depth readings shall be kept in the test well, as well as the monitoring wells;

monitor existing wells within one-thousand (1,000) feet of the test well.

D.

Section 1509

No such amendment, supplement, change, modification, or repealer shall become effective until after a public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard. Public notice of each hearing to consider amendments (except continued hearings) shall be given not more than thirty (30) days and not less than seven (7) days in advance of any public hearing. Such notice shall be published once each week for two (2) successive weeks in a newspaper of general circulation within the Township. Such notice shall state the time and place and the particular nature of the proposed amendment. Notice Of the hearing shall be posted on the affected tract@) of land, if a change to the map is proposed, one week prior to the hearing. Written notice shall be given by first class mail to property owners within 500', or the second tier of lots, whichever is greater, from the affected property, for requested zoning changes and zoning hearings.

149

Section 1510

This Ordinance is based on the development district concept, whereby growth for a twenty (20) year period is intended to be accommodated within a development district where public services are to be provided. Under this concept, periodic review is necessary to ensure the validity of the plan and ordinances in light of changing needs and circumstances. Therefore, at intervals of no more than five (5) years from the effective date of this Ordinance, or its latest full revision, the Supervisors shall require the Planning Commission to review this Ordinance and its planning basis and to recommend such changes as are needed to ensure that this document is in keeping with the current planning concepts. The review should measure the ability to meet the goals of Section 102 of this Ordinance and shall review all applicable county and regional plans for the purpose of insuring that a regional perspective is also considered. The Planning Commission shall seek authorization for such a study at least six (6) months prior to its due date, and shall report at a public hearing at least one (1) month prior to such date.

150

ARTICLE XVI ENFORCEMENT

Section 1600 A r i s d i u

Unless otherwise provided by law or in this Ordinance, no building or structure shall be constructed, erected, or extended, and no building, structure, or land shall be used or occupied, except for the purposes permitted herein.

Section 1601 R emed ieS

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this Ordinance, the Board of Supervisors or the Zoning Officer with the approval of the Board of Supervisors may institute in the name of the Township any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises. The rights and remedies provided in this Ordinance are cumulative and are in addition to all other remedies provided by law.

Section 1602

(a)

Fines and Penalties

Any person, partnership or corporation who or which shall violate the provisions of this Zoning Ordinance shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not more than five-hundred (500) dollars. In default of payment of the fine, such person, the members of such partnership, or the officers of such corporation, shall be liable for imprisonment for not more than sixty (60) days. Each day that a violation is continued shall constitute a separate offense. All fines collected for the violation of the Zoning Ordinance shall be paid over to Tinicum Township.

Such fines and penalties may be collected by suit or summary proceeding brought in the name of the Township before any justice of the peace or district justice.

Whenever any such person specified in paragraph (a) above shall have been notified by the Zoning Officer in writing that he is violating this Ordinance, such person shall commence correction of all violations within five (5) days after notice and correct all violations within thirty (30) days of notice. If corrections are not commenced within five (5) days or completed within thirty (30) days, each day that a violation continues shall be considered a separate offense punishable by the like fine or penalty.

Written notice of a violation shall not be considered a prerequisite to conviction for violation of this Ordinance.

151

ARTICLE XVll

Section 1700

REPEALER AND EFFECTIVE DATE e The existing zoning ordinance, adopted December 14, 1971, and entitled "The Tinicum

Township Zoning Ordinance," and all supplements and amendments thereto, are hereby repealed. Provided, however, if the present ordinance is heM to be ineffective or invalid by reason of some irregularity in or impediment to its passage, this repealer shall also be ineffective as aforesaid. Then and in that event, the Zoning Ordinance of 1971, together with its supplements and amendments, would necessarily remain in full force and effect.

Section 1701

The effective date of this Ordinance shall be

Section 1702 Jinamlm Enacted and ordained into an Ordinance this

TlNlCUM TOWNSHIP BOARD OF SUPERVISORS

Charles G. Schaefer, Chairman

Frank H. Lewis, ViceChairman

Harry Bohlman, Member

153

1

INDEX

Aba ndo nment Access to Interior Lots Accessory Accessory Buildings in Front Yards Accessory Buildings in Rear Yards Accessory Buildings in Side Yards Accessory Uses Activities Prohibited Within the Floodplain Administration Agricultural Uses Alterations Alternate Members Anchoring Appeals and Amendments Appeals and Jurisdiction Applicability of Regulations Applicability, Conditional Uses Applicability, Floodplain Standards Application Requirements Application Requirements for Zoning Permits Applications, Decisions and Orders Not Involving the

Approval of Permits and Plans Area Area Regulations, Commercial Distrid Area Regulations, Controlled Commercial Distrid Area Regulations, Country Residential District Area Regulations, Extraction District Area Regulations, Limited Commercial District Area Regulations, Planned Industrial District Area Regulations, Residential Agriculture District Area Regulations, Residential Consetvation District Area Regulations, Village Center District Area Regulations, Village Residential Distrid

Basement Basements and Lowest Fbors Board Boarder, Roomer or Lodger Buffer Yards Building Building Height Building Setback Line

Cellar Certificate of Occupancy Changes, Non-Conformities Classes of Distrids Commercial District Commercial Districts Compliance, Floodplain Standards Conditional Use, Definitions Conditional Uses

Validity of an Ordinance: Landowner Appeals

I

a

130 114

5 114 115 114 82

103 135

5 139 107 143 143 31

131 98

131 136

3a

144 110

5 27 26 20 30 28 29 19 18 24 22

5 106

5 6

122 6 6 6

6 137 130

15 26 25 99

6 131

Conditional Uses, Administration Condominium Continuation Controlled Commercial District Corner Lots Country Residential District

Decision Decisions and Orders Not Involving the

Definitions Definitions of Natural Resources Definitions, Floodplain Standards Definitions, Non-Conformities Definitions, Signs Demolition Density Design Regulations Determination Dimensional Requirements Discretionary Change in Surfacing Requirements

Distr'k3 Boundary Changes Drainage Driveway and Parking Area Construction Dust, Fumes, Vapors and Gases Duties of the Municipal Planning Commission Dwelling

Effective Date

Validity of an Ordinance; Appeals by Persons Aggrieved

for Occasional Use Walkways and Parking

Environmental Performance Standards Environmental Restrictions Establishment of Board Establishment of Districts Establishment of Floodplain Zoning Districts Exceptions for Existing Alignment Exceptions to Minimum Lot Sizes Existing Structures in Floodplain District Extension of Non-Conforming Uses and Structures Extraction District

Family Fees Fees Required Fences and Terraces in Front Yards Fences and Terraces in Side Yards Fill Fines and Penalties Flood Fringe District Floodplain Floodplain Soils

Floodplain Zoning District Provisions Floodplain Standards

138 6

129 25

113 19

7

145 5

92 96

129 125 32

7 111

7 111

118 100 108 119 95

136 7

153 7

153 151 89 94

139 15 99

113 111 104 129 30

7 137 110 114 114 106 151 102

8 8

96 100

Floodway District Forest Front Yard Requirements

General Conditions General Open Space General Requirements Applying to Required Off-street Parking General Requirements, Commercial Distrid General Requirements, Controlled Commercial District General Requirements, Country Residential District General Requirements, Extraction District General Requirements, Limited Commercial District General Requirements, Planned Industrial District General Requirements, Residential Agriculture District General Requirements, Residential Conservation District General Requirements, Village Center District General Requirements, Village Residential District General Restrictions, Signs General, Definitions General, Environmental Performance Standards General, Natural Resource Restrictions Glare

Hearing Heat Height Home Occupation

Impact Studies Impervious Surface Impervious Surface Ratio Industrial Uses Institutional and Recreational Uses lnterpretatiqn Interpretation of District Boundaries Interpretation of District Boundaries, Floodplain Standards

Jurisdiction

Lakes and Ponds Land Development Layout of Open Space Life of a Permil Limited Commerdal District Lot Lot Area or Yard Required Lot Lines

Membership, Terms of Office Minimum Lot Size Minimum Lot Width Mobile Home Mobile Home Lot Mobile Home Pad Mobile Home Park

101 8

112

131 120 115 26 25 19 30 27 29 18 17 22 21

127 5

89 91 95

8 95

115 8

145 8 8

75 54

2 16

100

151

9 9

120 137 27 9

111 10

139 111 111

10 10 10 10

Natural Resource Restrictions Noise Nonconforming Lot Nonconforming Signs Nonconforming Use Nonconformities Notice of Hearings

Odor Off-street Loading Requirements Office Uses Open Space Open Space Designation Open Space in Residential Developments Open Space Performance Bond Open Space Ratio Ownership Ownership and Preservation of Open Space

Palisades Parking Access and Traffic Control Parking Design Requirements Parking Performance Standards Periodic Review Permit Requirements for Signs Placement of Buildings and Stnrctures Planned Industrial and Extraction Districts Planned Industrial District Power of Amendment Powers and Duties - Challenge to the Validity of Ordinance or Map Powers and Duties - Interpretation Powers and Duties - Special Exceptions Powers and Duties - Unified Appeals Powers and Duties - Variances Principal Procedure Projections into Front Yards Projections into Rear Yards Projections into Side Yards Public Hearing Public Meeting Public Notice Purpose Purpose and Community Development Objectives

Real Property Boundary Rear Yard Requirements Registration of Non-Conforming Uses and Structures Remedies Removal of Members Repealer Repealer and Effective Date Report Requirements for All Uses Requirements for Front Yards Along Thoroughfares a Residential Agricutture District

91 94 10

127 10

129 149

95 119 60 10

120 120 121 11

130 121

11 118 116 115 150 127 107 29 29

145 142 140 141 142 140

11 139 114 115 114

11 11 11 98

1

11 114 129 151 139 153 153

11 92

113 18

Residential Conservation District Residential Districts Residential Uses Restoration Retail and Consumer Service Uses Review Procedures Rightof-Way I

Separability Setbacks Along Named Creeks Sewer short Title Side Yard Requirements Sign Signs Signs in Commercial (CC, C, LC) and Industrial Districts (PI, E) Signs in Residential Districts RA, RC, VR, CR, VC Site Area Site Area, Base Site Area, Net Buildable Site Capacity Calculation Smoke Spacing of Non-Residential Buildings on the Same Lot Special Exception Special Exceptions and Variances - Additional Factors to be Considered Special Provisions for Certain Kinds of Development Within Floodplain Districts Special Requirements for Manufactured Homes Steep Slopes Storage Storage and Waste Disposal story Story, Ground Street Street Line Structure Subdivision

Table of Use Regulations Temporary Accessory Uses The Number of Copies of the Appllcation and Accompanying Plans Required The Review Period The Zoning Permit and Plans Through Lots Title Title, Purpose, and Jurisdiction Township Engineer Transferable Devebpment Rights (TDR)

Use Use Regulations Use Regulations Use Regulations, C District Use Regulations, CC Distrid Use Regulations, CR District Use Regulations, E District Use Regulations, LC District

eaoa 17 17 40

130 60

132 12

2 115

12 1

114 12

125 126 125

12 12 12 89 95

115 13

104 102 103

13 107 96 13 13 13 13 13 13

33 31

109 110 108 113

1 1

13 14

14 31 38 26 25 19 30 28

Use Regulations, PI District Use Regulations, RA Distrid Use Regulations, RC District Use Regulations, VC Distrid Use Regulations, VR District Uses by Right, Special Exceptions, and Uses not Permitted Uses Subject to Other Regulations Utility and Facility Requirements Utility, Service and Transportation Uses

Validity of Ordinance; Procedural Questions Validity of Ordinance; Substantive Questions; Appeals by Persons Aggrieved Validity of Ordinance; Substantive Questions; Landowner Appeals Variances Wahin Floodplain Districts Vibrations, f,\\a [&-k. q,,k Village Center D i s t h Village Residential District Visibility at Intersections

Warning and Disclaimer of Liability Water Supply, Public Water Survey Wetlands Who May Initiate

Yards

Zoning Districts Map Zoning Hearing Board Zoning Map Zoning Officer - Duties and Powers Zoning Permits Required

eaoc: 29 18 17 22 21 31 31

107 73

143 144 143 105 95 22 21

112

99 14 14 14

145

14

16 139 100 135 136

--

!

. .. .-

I ' i -

i

I

SCALE IN FEET

I Prepared F .2KS COUNTY PLANNING COMMISSION

ZONING MAP RC RESIDENTIAL CONSERVATION

R A RESIDENTIAL AGRICULTURAL

VC VILLAGE CENTER

VR VILLAGE RESIDENTIAL

CR COUNTRY RESIDENTIAL

PI PLANNED INDUSTRIAL

C COMMERCIAL

CC CONTROLLED COMMERCIAL

LC LIMITED COMMERCIAL

E EXTRACTION

/

TINICUM TOWNSHIP , ' I

Bucks County, Pennsylvania '

I

i.

i

i.' !

!

Prepared By: BUCKS COUNTY PLANNING COMMISSION

FLOODPLAIN DISTRICTS FLOODWAY

T I FLOOD FRINGE

Source:Flood Insurance Study (HUD)

TINICUM TOWNSHIP Bucks county, Pennsylvania

I

i .

> SCALE IN FEET

0 4000 8000 12000

Prepared By: BUCKS COUNTY PLANNING COMMISSION

FU$CTIONAL CLASSIFICATION - f - * * -.*.. MAJOR ARTERIAL

e_E/- MINOR ARTERIAL

---- MINOR COLLECTOR - PRIMARY LOCAL

TINICUM TOWNSHIP Bucks County, Pennsylvania

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