Township of Solebury - General Requirements

Buffer Area and Buffer Planting Strip Standards
1. Buffers and buffer planting strips shall be landscaped and maintained in accordance with § 22-520: Landscape Conservation and Improvement Plans of Chapter 22: Subdivision and Land Development.

2. All plantings in the buffer areas and/or buffer planting strip shall be installed and thereafter maintained by the property owner for the full width required in a particular district, except that certain structures may be placed within the buffer area and/or buffer planting strip including:

A. Landscape treatment such as berms, fences or walls which aid in screening and do not conflict with the character of adjoining properties, or block the clear sight distance required at intersections.

B. Appurtenant landscaping structures such as: tree wells, tree guards and tree grates and retaining walls used to preserve stands of existing trees or used for other functional purposes.

C. Roads which provide direct ingress/egress for the tract or lot, including appurtenant structures within such road rights-of-way such as curbs, sidewalks, signs, lighting standards or benches.

D. Underground utilities.

E. No other structure shall be placed within the buffer area and/or buffer planting strip, and no manufacturing or processing activity, or storage of materials shall be permitted, except as set forth in § 27-2607, § 27-26071B.

Carbonate (Limestone) Geology Overlay District
See Overlay District for detailed information.

See § 27-2205: Natural Resource Standards for complete, detailed information.

Corner Vision Obstruction
On any lot, no wall, fence, or other structure shall be erected or altered and no hedge, tree, shrub, or other growth shall be installed or maintained, which may cause danger to traffic on a street by obscuring the view. A clear sight triangle shall be maintained in accordance with the design standards and required improvements for streets set forth in the Township Subdivision and Land Development Ordinance [Chapter 22].

Delaware Canal
The standards in Part 26: SPECIAL PROVISIONS and in § 27-2208: Riparian Corridors shall apply. There shall also be no grading or disturbance within 50 feet of the top of the bank.

See § 27-2205: Natural Resource Standards for complete, detailed information.

Environmental Controls
1. Activities generating excessive noise, vibration, dust, fumes and vapors are detrimental to the health, safety and welfare of the citizens of the Township and interfere both with the quiet enjoyment of residential and public property and the operation of business and, therefore, should be controlled to the greatest extent possible. These regulations are intended to prevent land or buildings, including those permitted by right, conditional use, variance or special exception from being used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable condition adversely affecting the surrounding area.

2. All uses shall operate in conformance with the provisions of this section. In addition, all uses shall comply with relevant statutes, codes, rules and other regulations of the United States government, the Commonwealth of Pennsylvania, Bucks County and governmentally regulated companies, authorities and other entities which have jurisdiction over sewage disposal, water supply, water quality, air quality and air pollution, traffic and other consumption or emission characteristics of land use. In the case of a conflict, the most strict regulation shall apply.

3. All plans for proposed development in the Township shall illustrate, depict, note, or otherwise demonstrate compliance with this section.

4. The Zoning Officer may inspect any private property for the purpose of determining compliance with this section.

Excavation Control
A. The removal of topsoil from the lot is prohibited.
B. The removal and sale of sod for landscaping purposes is permitted, provided that such land area is reseeded within the next planing season.

Exceptions to Height Regulations for Buildings and Structures
The Board of Supervisors may determine that the height regulations prescribed within this chapter may be exempted for the following: church spires, steeples, belfries, cupolas or domes, solar panels, clock towers, chimneys, ventilating fans, air conditioning equipment, roof structures for the housing of elevators and/or stairways, fire or parapet walls, skylights, flagpoles, water towers or water tanks, utility poles or towers, communication towers, communications antennas, windmills, silos, smokestacks, and ornamental or other necessary mechanical appurtenances, provided such structures are not used for human occupancy and are set back a distance equal to their height (from ground level to the top of the structure) from a property line.

Fences and Walls and Gates, Limitations of
1. No fence or wall over six feet in height, except a retaining wall or a wall of a building permitted under the terms of this chapter, shall be erected within any of the required yards except for a fence installed for the sole purpose of protecting vegetation from deer pursuant to Subsection 2, below.

2. A deer fence constructed of polypropylene mesh, woven wire, or hexagonal steel (black, brown, or green in color) with a height of not less than seven feet six inches and not more than nine feet may be installed within the front, side and rear yard setbacks. Posts shall be black, brown, green, natural wood, or natural wood color. When protecting an agricultural use, galvanized fence and posts may be used within the side and rear yards, and within the front yard to repair or replace existing galvanized fence and posts. Galvanized material may not be used in within the front yard for new installations. When protecting an agricultural use, the fence may be installed within the street ultimate right-of-way but shall not encroach within the legal right-of-way.

3. Gates across driveways shall have a minimum clear opening of 12 feet. A minimum of 30 feet of straight driveway shall be provided between the edge of the cartway and gate, and there shall be no sharp turns or obstructions that would prohibit the free access of fire fighting equipment between the gate and structures on the property. Gates across driveways or lanes that provide access to fields for farm equipment are specifically exempt from this regulation.

Fire and Explosion Control
A. All activities, including storage involving flammable and explosive materials at any point within a lot shall be provided with adequate safety and fire fighting devices, as determined by the Fire Marshal.

B. The storage, utilization, or manufacture of materials or products ranging from incombustible to moderate burning, as determined for liquids by a closed cup flash point of not less than 187° F., is permitted, subject to compliance with all other environmental controls.

C. The storage, utilization, or manufacture of materials or products ranging from free or active burning to intense burning, as determined for liquids by a closed cup flash point of less than 187° F. but not less than 120° F., is permitted, subject to compliance with all other environmental controls and provided the following conditions are met:

(1) Said materials or products shall be stored, utilized, or produced within completely enclosed buildings or structures having incombustible exterior walls.

(2) All such buildings or structures shall be set back at least 75 feet from side or rear lot lines and 150 feet from the front lot line, and shall be protected throughout by an automatic sprinkler system complying with current installation standards prescribed by the National Fire Protection Association or, if the materials, goods or products are liquids, the protection thereof shall be in conformity with current standards prescribed by the National Fire Protection Association, which are hereby adopted by reference.

D. The utilization in manufacturing process of materials which produce flammable or explosive vapors or gases, as determined for liquids by a closed cup flash point of less than 120° F., shall be prohibited without special permit from the Township Engineer. Issuance of such permit shall be guided by, but not limited to, the following criteria:

(1) The final manufactured product shall not itself have a closed cup flash point of less than 187° F.

(2) The use of such material shall be in conformity with the current standards prescribed by the National Fire Protection Association, which are hereby adopted by reference, and the requirements of other ordinances of the Township.

Floodplains
(1) Areas within the floodplain of the base flood shall not be altered, graded, filled or built upon except in conformance with Part 21, "Floodplain Conservation District." The floodplain area shall be those areas subject to the base flood as identified in the Flood Insurance Study, dated May 18, 1999, and the accompanying maps prepared by the Federal Emergency Management Agency, or the most recent revision thereof.

(2) For areas abutting streams and watercourses where the base flood elevation has not been delineated by a Flood Insurance Study, the applicant shall conduct a floodplain identification study. A study prepared by a registered engineer expert in the preparation of hydrologic and hydraulic studies shall be used to delineate the base flood elevation. The floodplain study shall be subject to the review and approval of the Township.

(3) All land uses shall also comply with Chapter 8 [Floodplains].

See § 27-2205: Natural Resource Standards for complete, detailed information.

Forest Practices
1. The following requirements shall apply to all forestry/timber harvesting operations in the Township.

A. Non-silviculture harvests are prohibited including the following:

(1) High-Grading. Selectively removing the largest and most valuable trees thereby diminishing species diversity and leaving smaller or less valuable trees behind.
(2) Diameter Limit Cutting. A form of high-grading which harvests trees above a certain size e.g., 12-14 inches dbh.
(3) Taking the fastest growth, largest trees and leaving lower quality trees.

B. No harvest area shall be located within 10 feet of a property line or a private road or within 25 feet of the legal right-of-way of a public road; provided however, that the distance of a harvest area from a property line (other than the legal right-of-way of a public road) or from a private road may be reduced to any distance agreed to by the adjoining property owner or those persons having an interest in using the private road.

C. Felling or skidding on or across any public thoroughfare is prohibited without the express written consent of the Township or the Pennsylvania Department of Transportation, whichever is responsible for maintenance of the thoroughfare.

D. No tops or slash shall be left within 25 feet of any public thoroughfare or private roadway providing access to adjoining residential property without the written consent of those property owners having the right to use the private roadway.

E. All tops and slash between 25 and 50 feet from a public roadway or private roadway providing access to adjoining residential property or within 50 feet of adjoining residential property shall be lopped to a maximum height of four feet above the surface of the ground.

F. No tops or slash shall be left on or across the boundary of any property adjoining the operation without the consent of the owner thereof.

G. Litter resulting from a timber harvesting operation shall be removed from the site before it is vacated by the operator.

H. Any soil, stones and/or debris carried onto public roadways must be removed immediately.

I. No forestry/logging use shall be permitted within areas with slopes of 26% or greater.

J. When the harvest is completed, both dirt roads used by the trucks and skid roads used to drag the logs from the woods to the loading area must be graded approximately to original contours, seeded with native grasses and mulched as necessary to establish stable ground cover.

Heat and Glare Control

A. Heat. No use shall carry on an operation that would produce an increase in ambient air temperature of more than 2° F. at the property line of the lot on which the use is situated.

B. Glare. No use shall carry on an operation that would produce glare from unshielded bulbs or any production operation (such as welding) beyond the property line of the lot on which the use is situated. No use shall produce a strong, dazzling light or a reflection of a strong, dazzling light beyond its lot lines. Lighting fixtures that shield the reflector or lens of any high brightness surface from viewing angles above 60° from horizontal shall be utilized.

Height Regulations for Buildings and Structures, Exceptions to
The Board of Supervisors may determine that the height regulations prescribed within this chapter may be exempted for the following: church spires, steeples, belfries, cupolas or domes, solar panels, clock towers, chimneys, ventilating fans, air conditioning equipment, roof structures for the housing of elevators and/or stairways, fire or parapet walls, skylights, flagpoles, water towers or water tanks, utility poles or towers, communication towers, communications antennas, windmills, silos, smokestacks, and ornamental or other necessary mechanical appurtenances, provided such structures are not used for human occupancy and are set back a distance equal to their height (from ground level to the top of the structure) from a property line.

Highway Frontage Development
In order to encourage the sound development of highway frontage and to minimize traffic congestion and hazard, the following provisions shall apply to streets classified in the Township Subdivision and Land Development Ordinance [Chapter 22] as arterial, collector, industrial/commercial streets, and residential collector streets:

A. Each use with less than 100 feet of frontage on a street shall have not more than one accessway to each street, and no use with 100 feet or more of frontage on a street shall have more than two accessways to any one street for each 300 feet of frontage.

B. Landscape conservation and improvement plan shall be prepared in accordance with § 22-520: Landscape Conservation and Improvement Plans in the Township Subdivision and Land Development Ordinance [Chapter 22]

C. In the case of a shopping center, specialty shopping center, office park, group of multiple-family dwellings, or similar grouping of buildings on a lot, and in any other case where feasible:

(1) All buildings shall be accessible from a marginal access street, driveway or similar accessway, before gaining access to a public street.

(2) All points of vehicular access to and from a street shall be located not less than 150 feet from the intersection of any street lines, provided, however, that such a point of vehicular access, which in effect, converts a "T" intersection into an intersection of two streets which cross one another shall be permitted.

(3) Provision shall be made for safe and efficient ingress and egress to and from streets and highways serving the unified development, without undue congestion to, or interference with normal traffic flow within the Township.

(4) All streets and accessways shall conform to the design standards and required improvements of the Township Subdivision and Land Development Ordinance [Chapter 22]. Provision shall be made for adequate signalization, turn, standby, and deceleration lanes, and similar improvements.

(5) All driveways, aisles, maneuvering spaces, vehicular service areas or spaces between or about buildings, other than those related to a dwelling shall be adequately illuminated during night hours of use at no cost to the Township.

Landscaping Requirements
All required landscaping shall be installed and maintained in accordance with a landscaping plan prepared by a landscape architect and approved by the Board of Supervisors. The landscaping plan shall depict all proposed plantings required to complement screen or accentuate buildings, roads, parking areas, sidewalks, walkways, sitting areas, service or maintenance structures, courtyards, and other site features and/or structures. Plan sizes, spacing and types shall be in accordance with § 22-520, "Landscape Conservation and Improvement Plans," of the Subdivision Ordinance [Chapter 22].

Lighting Standards The following standards shall apply:

Type of Developments	Minimum Average Footcandle Level
Shopping centers and other commercial areas	2.0
Industrial/office campuses	1.0
Recreational areas	1.0
Multifamily and planned residential developments	0.6 - 0.8
Residential streets	0.4
Sidewalks	0.2
Pedestrian walkways	0.4

All lighting shall be designed so that no direct rays shall fall upon any neighboring property or street. Lighting standards shall be located no less than five feet from the paving of parking spaces, drives or streets. Lighting structures shall not exceed 20 feet in height in shopping centers and other commercial areas, industrial/office campuses, and recreational areas. Lighting structures shall not exceed 15 feet in height in multifamily and planned residential developments, residential streets, sidewalks and pedestrian walkways.

Lot and Yard Requirements, General
Lot Area and Yard Requirements.

A. A lot which existed at the time of adoption of this chapter that complies with the area and dimensional standards of this chapter shall not be reduced in size so that the minimum lot area and/or dimensional requirements of this chapter are not met. A lot which existed at the time of adoption of this chapter and does not comply with the minimum lot area standards of this chapter shall not have its area reduced by subdivision.

B. Where a minimum lot area is specified, no building or use shall be erected or established on any lot which is smaller than the minimum lot area, except as provided in Subsection 5, below.

C. The lot or yard requirements shall not include any part of a lot that is required by any other permitted building or use to comply with the requirements of this chapter.

Frontage and Access. No principal permitted building shall be built upon a lot which does not have frontage on a public or private street which is constructed in accordance with the design standards for streets as set forth in the Township Subdivision and Land Development Ordinance [Chapter 22], or for which such improvements have been insured by the posting of financial security pursuant to the Subdivision and Land Development Ordinance [Chapter 22]. Such frontage shall be in accordance with that specified in the part pertaining to the particular district in which such lot is located.

In the event that a zoning district under this Part allows only one principal use per lot, the following uses shall be allowed on the same lot despite such a restriction:

A. Conversions of existing buildings in accordance with Part 26: SPECIAL PROVISIONS.
B. Single-family detached residential dwelling and agricultural use.

Minimum Lot Width. Where a minimum lot width is specified, no principal building shall be erected on any part of a lot which has a width of less than required under the applicable zoning district, except as provided in Subsection 5, below.

Exceptions to Minimum Lot Areas and Widths. The provisions of Subsections 1B and 4 shall not prevent the construction of a building on any lot in the RA and RB Districts which was lawful when created and which, prior to the effective date of this chapter, was in single and separate ownership duly recorded by plan or deed, subject to the provisions of Part 26. However, the above shall not prevent the erection of a one-family dwelling upon a lot existing on or before July 29, 1956, of less area and less minimum width at the front building line, and in such case, the total width of the two side yards may be reduced in the proportion that the width of the lot is less than 160 feet; provided, however, that no such dwelling shall be erected upon a lot having an area of less than 10,000 square feet and a width of less than 70 feet.

A. Exceptions to Minimum Lot Areas and Lot Widths in the Carversville Village Commercial (VC-C) or Carversville Village Residential (VR-C Districts. The provisions of Subsection 1B and 4, shall not prevent the construction of a building on any lot with nonconforming size or width located in any Village Commercial or Village Residential District which existed prior to June 21, 2011. These lots shall meet requirements for minimum yard setbacks.

Corner Lots; Lots Fronting on More Than One Street. In the case of a corner lot and any other lot that fronts on more than one street, front yards of the required depth shall be provided along all streets.

Exception to Required Front Yard for Certain Accessory Uses. The front yard requirements for any district shall not apply to driveways, sidewalks, lights, fences, wells, signs and off-street parking areas open to the air. Garages, carports or other structures shall not be located in front yards.

Side and Rear Yard Requirements. Where a minimum width of side yard is specified, no building or other structure shall be erected within each such width from either side lot line, except as provided in Part 26 relative to setbacks for accessory use structures.

Projections into Required Yards. No building or structure or part thereof shall be erected within, or shall project into any required yard in any district except for: terraces, patios, platforms, or other uncovered spaces, buttresses, chimneys, cornices, piers, or pilasters, unenclosed fire escapes, steps, bay windows, and balconies; and, accessory use structures as provided for in § 27-2603. However, no such projection shall extend from the existing building more than five feet into the setback area, at or below the first floor level.

Minimum Floor Area
Except as provided in § 27-2602, Subsection 1F(5), every dwelling shall have a minimum covered and enclosed net floor area of 500 square feet excluding the areas of basements. Attached garages or similar attached structures shall not be considered in computing floor area in any case.

Narrow Lots, Standards for
All plans submitted for land development or subdivision of land shall have a well-designed street system to serve interior lots. Narrow lots are permitted only when no other practical design layout is possible, and in compliance with the Subdivision and Land Development Ordinance [Chapter 22] narrow lots provisions, including § 22-502.

Natural Resource Protection Standards
1. Natural resource protection standards shall be applied as follows:

A. Determine the site area.
B. Determine, based on the site area, all land area required to be protected under this Part, and all land area required to be kept as open space or to otherwise be protected under the Township's ordinances.

2. Setbacks from Natural Resources. Minimum building setbacks shall be measured from the limit of the below-specified protected natural resources rather than from the lot lines so that the required minimum yard is free from protected natural resources. Resources requiring these setbacks are: floodplains, wetlands, slopes of 25% or greater, ponds, and lakes. Where a conflict arises between provisions, the stricter provision shall control.

3. All areas required to be protected under this Part and all land area required to be kept as open space or to otherwise be protected under the Township's ordinances shall be restricted from future development and/or subdivision, whether through deed restriction, easement, or other instrument that runs with the land in perpetuity and puts future landowners and occupants on notice of the restrictions and land to be protected. The document evidencing the restriction shall also state whether any conditional use approval was granted under § 27-2207, and the details of such approval, including the date of the approval and approval terms and conditions. Requests to amend or alter such restrictions by future landowners to disturb natural resources protected by this Part beyond that which is permitted in the restriction shall require conditional use approval from the Board of Supervisors under § 27-2207.

See § 27-2205: Natural Resource Standards for complete, detailed information.

Noise Control
Environmental Performance Standards.

Maximum Permissible Sound Levels by Receiving Zoning District.
No person shall operate or cause to be operated on public or private property any source of continuous sound in such a manner as to create a sound level which exceeds the limits set forth for the receiving zoning category in the following table when measured at or within the property boundary of the receiving zoning district. Sound levels exceeding the limits set in the following table are hereby declared to be a nuisance.
For a table of Continuous Sound Levels Within Receiving District see table.

Standards.
For the purpose of measuring sound in accordance with the applicable provisions of these regulations, test equipment methods and procedures shall conform to the latest approved standards as published by ANSI or its approved equivalent.

Correction for Character of Sound.
or any source of sound, which emits a pure tone, the maximum sound level limits set forth in Subsection 5B(1) shall be reduced by 5dBA. For any source of sound which emits an impulsive sound, the excursions of sound pressure level shall not exceed 20dBA over the ambient sound pressure level, regardless of time of day or night or receiving land use, using the "fast" meter characteristic of Type II meter, meeting the IEC-651 and ANSI S1.4 Type 2 Specification.

Sound Measurements.
The sound meter shall be operated in accordance with the manufacturer's instructions. The sound meter shall be calibrated with each use. The sound meter shall be operated using the "A" weighting and fast response settings. Readings shall be taken in such a way that traffic noise is factored into the reading.

Excessive Noise Prohibited.
In addition to the above, it is hereby declared to be a nuisance and shall be unlawful for any person, firm or business entity to make, cause, suffer or permit to be made or caused upon a property owned, occupied or controlled by him or it or upon any public land, street, alley or thoroughfare in the Township any excessive noises or sounds, by means of vehicles, machinery, equipment (including sound amplification equipment and musical instruments) or by any other means or methods which are physically annoying to the comfort of any reasonable person or which are so harsh, prolonged, unnatural or unusual in their use, time and place, as to occasion physical discomfort, or which are otherwise injurious to the lives, health, peace and comfort of the inhabitants of the Township or any number of residents thereof.

Special Prohibitions.
The following acts and causes thereof are hereby declared to be a nuisance and in violation of this chapter:

(1) Possessing, harboring or keeping an animal or bird which makes any noise continuously and/or persistently for a period of 15 minutes or more, in such a manner as to disturb or annoy a reasonable person of ordinary sensibilities at any time of the day or night, regardless of whether the animal is situated upon private property.
(2) Operating, playing or permitting the operation or playing of any radio, television, audio equipment, sound amplifier, musical instrument or other such device between the hours of 10:00 p.m. and 9:00 a.m. in such a manner as to cause annoyance to a reasonable person of ordinary sensibilities in the vicinity.
(3) Performing any construction operation or operating or permitting the operation of any tools or equipment used in construction, drilling, blasting, demolition, excavation, extraction of stone or other such activities between the hours of 7:00 p.m. and 7:00 a.m. or at any time on Sunday. This provision does not apply to domestic power tools or vehicles which are duly licensed, registered and inspected for operation on the public highways of this commonwealth.
(4) Repairing, rebuilding, modifying, testing or operating a motor vehicle, motorcycle, recreational vehicle or powered model vehicle in such a manner as to cause annoyance to a reasonable person of ordinary sensibilities across a real property boundary from the noise source.
(5) Operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool or similar device used out of doors between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to cause annoyance to a reasonable person of ordinary sensibilities across a real property boundary from the noise source.

See § 27-25125 for detailed information.

Nonconforming Buildings or Structures by Dimension
Expansions of or changes to dimensionally nonconforming buildings or structures are not permitted except to the limited extent set forth below only.

A. Expansions or changes of a totally nonconforming building or structure that has one or more dimensional nonconformity may be changed or expanded in order to fully, or more fully, conform with all applicable dimensional requirements for the zone in which such nonconforming building or structure is located. The total area of the totally nonconforming building or structure may, at the same time, be increased provided that the expanded area shall not exceed a cumulative maximum of 50% of the footprint of the totally nonconforming building or structure.

(1) Illustration. If a building or structure is located on a property in such a way that the building or structure is totally nonconforming, dimensionally (i.e., e.g., where the structure is entirely within the scenic road set-back) the building or structure may be modified to such that the nonconforming area is reduced. For example, a porch area that is encroaching into the setback by 20 feet may be modified such that the encroachment is lessened to 10 feet. If the totally nonconforming building or structure has a footprint area of 500 square feet, the total, cumulative maximum expansion shall not exceed 250 square feet. In no instance may the dimensional nonconformity be increased, meaning that the encroachment shall not be increased. Therefore, where a porch area that is encroaching into the setback by 20 feet, it may not be expanded so that any portion of the porch area encroaches 21 feet.

B. Buildings and structures with partial dimensional nonconformities, that is, if a building or structure is located on a property in such a way that the building or structure is only "partially" conforming and "partially" nonconforming, (for example where a setback line runs "through" the building or structure), the partially nonconforming building or structure may be expanded to a cumulative maximum of 50% of the footprint area of that portion of the building or structure that is partially dimensionally nonconforming, provided that no new nonconformities are created by the expansion or change. Buildings or structures with more than one floor will be permitted to expand vertically provided that the second floor has a footprint equal to, or less than the footprint of the first floor. Those areas or portions of buildings and structures with partial dimensional nonconformities that are not within the dimensionally nonconforming area may be expanded in conformity with all other limitations in this chapter without area limitations.

(1) Illustration 1. If a building with a 1,000 square foot footprint is encroaching in the side yard set back by 10 feet, with the area of encroachment being 500 square feet, the nonconforming structure may be expanded by up to 250 square feet (i.e., 50% of the 500 square feet), (not 500 square feet 50% of the total area of the building including the conforming areas), provided that the expansion stays within the existing ten-foot encroachment and all other limitations in this chapter are also met.

(2) Illustration 2. If a building with a 1,000 square foot footprint has a second floor, each of which is encroaching in the side yard set back by 10 feet, with the area of encroachment being 500 square feet, each floor of the nonconforming structure may be expanded by up to 250 square feet (i.e., 50% of the 500 square feet per floor) provided that the expansion stays within the existing ten-foot encroachment and all other limitations in this chapter are also met.

(3) Illustration 3. If a building is encroaching in the front yard set back by 10 feet, the rear portion of this partially nonconforming structure may be expanded without limitation in area so long as the expanded area is in total conformity with all other limitations in this chapter.

C. No expansions or extensions otherwise permitted hereby may be made within or into dimensionally restricted areas if the expansion will be in greater violation of the dimensional limitation.

(1) Illustration 1. If a building is encroaching in the side yard by 10 feet, a proposed expansion of the nonconforming structure shall be prohibited if the expansion will encroach greater than 10 feet even if the maximum expansion has not been met or exceeded.

(2) Illustration 2. If a building encroaches into a ten-foot side yard by two feet, no expansion can encroach further than two feet.

D. A building or structure that is dimensionally nonconforming because of its height shall not be expanded to increase its height.

E. Any expansion of a structure that has multiple floors will be reviewed on a floor by floor basis for conformity.

(1) Illustration 1. If a nonconforming building encroaches by 10 square feet on each of three floors, the building may not be expanded by more than five square feet on each of the three floors; the total expansion cannot be accumulated and the total of 15 square feet of expansion cannot be applied to one or two floors of the structure. Each floor is to be examined separately and has a cumulative maximum expansion of five feet per floor.

F. A lot or parcel of land that is nonconforming by number of dwelling units may not be expanded with the addition of a building or structure containing more dwelling units.

Nonconforming Lot by Area or Width
A nonconforming lot or parcel of land by area or width may not be expanded by consolidation with other parcels, provided, however, that a nonconforming lot by area or width may be consolidated with other contiguous parcels in order to more fully conform with the applicable requirements for area or width regulations for the zone in which such lot or parcel is located even though the resultant lot is still not conforming.

Nonconforming Uses
A. A nonconforming use conducted entirely outside of a building or structure shall not be changed to another nonconforming use.

B. A nonconforming use that is partially or completely conducted within a building or permanent or temporary structure or building may be changed to another nonconforming use by way of a special exception granted by the Zoning Hearing Board, upon proof that the proposed new use will be no more detrimental to its neighborhood and surroundings than the use it is to replace. In determining relative "detriment," the Zoning Hearing Board shall take into consideration, among other things: traffic generated; sanitary sewage disposal; parking requirements; nuisance characteristics, such as noise and the emission of odor, dust and smoke; fire hazards; the hours and manner of operation; water consumption and any other issues deemed to be in the public interest. Any applicant for a special exception shall have the affirmative burden of proving that there shall be no detriment to the proposed change and shall present evidence addressing traffic generated; sanitary sewage disposal; parking requirements; nuisance characteristics, such as noise and the emission of odor, dust and smoke; fire hazards; the hours and manner of operation; water consumption and any other issues deemed to be in the public interest. The applicant shall further provide proof that there shall be no additional burden on existing infrastructure within the Township or services provided by other governmental entities. All other changes of nonconforming uses that are partially or completely conducted within a permanent or temporary structure or building are expressly prohibited.

C. Expansions. The nonconforming use of a building, structure or parcel of land may be extended or expanded by no more than a total of 50% of the total area of the building, structure or parcel of land that was exclusively used in a nonconforming fashion at the time the nonconformity first arose. Areas of buildings, structures or lot or parcels of land not exclusively used in a nonconforming fashion shall not be considered in the calculation of the maximum expansion. All dimensional limitations on the expansion of the use, including setbacks and buffers shall be fully respected. This is a cumulative maximum.

(1) Illustration 1. In a 1,000 square foot building, where 100 square feet is devoted exclusively to a valid nonconforming use, the total area so used, in whole or in part, on all floors of the building, may be expanded a total maximum of 50 square feet so that the cumulative total of area devoted to a valid nonconforming use is a total of 150 square feet.

(2) Illustration 2. On a one acre parcel of land, with 1/2 acre of the land totally devoted to a valid nonconforming use, the area devoted to the nonconforming use may be expanded by a maximum of 1/4 acre, for a cumulative total of 3/4 acre that may be used in a nonconforming fashion. The expansion of the area may not be made onto adjacent parcels of land even if the parcels have common ownership and common nonconformity and all dimensional limitations on the expanded use, including set-backs and buffers, shall be fully respected.

(3) Illustration 3. A one acre parcel of land totally devoted to a nonconforming use may not be expanded to adjacent parcels of land even if the parcels have common ownership.

Abandonment. If a nonconforming use of a building or land is voluntarily abandoned and ceases for a continuous period of one year, or more, as determined by the Zoning Hearing Board, all subsequent uses of such building, structure or land shall be in conformity with the provisions of this chapter.

Odor Control
A. There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive at any point on or beyond the lot boundary line. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, in order that control will be maintained if the primary safeguard system should fail. The foregoing shall not apply to agricultural use odors, unless such odors are a threat to public health and/or safety.

(1) Odor thresholds shall be measured in accordance with ASTM d1391-57 (or latest revision) "Standard Method for Measurement of Odor in Atmospheres (Dilution Method)."

(2) Odorous materials released from any operation or activity shall not exceed the odor threshold concentration at or beyond the district boundary line measured at either ground level or at 40 feet from ground level of the district in which the use is located.

Outdoor Storage and Display

1. Except as may be permitted in the Commercial Districts, 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 and display, except in the case of a sidewalk sale, flea market, public auction or garage sale provided that such sales shall not take place more than four times per year for a period not to exceed three days per event.

2. Outside storage and display areas shall occupy an area of less than 1/2 the existing building coverage.

3. Outside storage shall be screened from view from any public street.

4. Uses requiring more land area for such storage or display may be permitted by special exception. However, in no case shall more than 25% of the lot area be used in outdoor storage or display.

Parcels, Lots, Buildings or Structures with Multiple Nonconformities
Any proposed expansion of a building, structure, lot or parcel of land that is nonconforming by more than one factor, (i.e., use, dimensional limitations or area) shall comply with every restriction and regulation of this section. Where the regulations conflict, the most restrictive regulations shall apply.

Productive Agricultural Soils
(1) No more than 20% of productive agricultural soils located on a site (refer "agricultural soils, productive" in § 27-202: Definition of Terms shall be altered, graded or built upon except in accordance with the provisions of this chapter. However, the Board of Supervisors may grant conditional use approval in accordance with the provisions of this chapter to permit an area greater than 20%, but no more than 50%, of productive agricultural soils to be disturbed if the applicant provides additional protection to other natural resources.

(2) Protection of productive agricultural soils is not applicable on lots with an area of three acres or less existing as of May 3, 2011, and developed with a single-family dwelling.

(3) Protection of productive agricultural soils is not required within the TNC, LI, VC, VC-1 or VR Zoning Districts on lots existing as of May 3, 2011.

See § 27-2205: Natural Resource Standards for complete, detailed information.

Provisions for Encouraging Passive Energy Conservation 1. Site Layout and Design.

A. Streets. Streets shall be designed so that the buildings in the subdivision or land development shall be oriented with their long axis within 20 degrees of a true east-west orientation. Solebury Township may permit a proportion of the streets to diverge from this requirement if the geography and site demands such. (Also refer to Chapter 22, Part 5, of the Solebury Township Code relating to Design Standards.)
B. Lot Design. The lot design shall provide for lots of adequate width, depth, and shape for solar energy orientation, to provide open area, to eliminate overcrowding, and to be appropriate for the location of the subdivision or land development and for the type of development contemplated. Lots and building setback lines shall be designed so that the buildings in the subdivision or land development can be oriented with their long axes within 20° of a true east-west orientation. In subdivisions or land developments of more than five buildings, a minimum of 80% of the proposed buildings must be oriented as required by this subsection.
C. LEED for Neighborhood Development (LEED-ND) design and certification shall be encouraged.

2. Building Placement and Design.

A. Buildings shall be placed on an axis within 20° of a true east-west with the longest wall facing southward to benefit from solar energy, natural shading, natural lighting, and thus reduce energy requirements. In subdivisions or land developments of more than five buildings, a minimum of 80% of the proposed buildings must be oriented as required by Subsection 1. Group of connected townhomes is to be considered one building for the purposes of this rule.
B. Buildings shall be placed within the topography such that walkout basements (where used) are positioned so that the exposed or walkout part of the basement is on the southward facing side of the building.
C. Lots shall be laid out to permit buildings to employ renewable energy sources such as closed-loop geothermal energy, wind energy, or solar energy in the mechanical heating and cooling of any building, at the time of construction or in the future.
D. No structure, whether principal use or accessory use; and no coniferous plant materials, whether trees, shrubs, or other; and no permanently fixed equipment, shall be of such a height that it would cast a shadow during daylight between 9:00 AM and 3:00 PM of the winter solstice (the shortest day of the year) on any solar gathering component of an existing or proposed solar energy system.
E. LEED building design and certification shall be encouraged.

3. Shading.

A. Buildings shall be built incorporating an overhang, awning, deciduous trees, or other methodology that casts a shadow on all fenestration on the southward exposure of the building during daylight between 9:00 AM and 5:00 PM (daylight savings time) of the summer solstice (the longest day of the year).

4. Landscaping.

A. All required landscaping, street trees, and buffers shall be provided in accordance with the regulations for the zoning district in which the project is located and in accordance with the Chapter 22, Subdivision and Land Development, as applicable.
B. Prevailing winds are to be identified and landscaping shall be positioned to provide a windbreak for any occupied building.
C. Street trees shall be placed considering solar access and shading.
D. Coniferous trees shall be placed on the north side of a structure to provide a windbreak in the winter and deciduous trees may be placed on the south side of structures to provide shading in the summer and solar energy access in the winter. If evergreen trees are placed on the north side of a structure to provide a windbreak, they may count toward required street or shade trees.
E. All landscape berms shall be encouraged on the north side of any occupied building upon a lot.
F. At least 80% of the required plants shall be native.

5. Cool/Green Roofs.

A. The use of green roofs and cool roofs on nonresidential, flat, or slightly sloped, (0-30° pitch) roofed buildings, and structures, is encouraged to supplement measures to reduce energy consumption, reduce heat island effects, and provide other environmental benefits such as a reduction in stormwater runoff.
B. Cool roofs shall have a Solar Reflectance Index of 50 or greater in accordance with the Cool Roof Rating Council and ANSI/CRRC S100 (2016), Standard Test Methods for Determining Radiative Properties of Materials.
C. Green roofs shall include vegetation on at least 50% of the roof area of all buildings in the project and shall use only drought-tolerant landscaping. Green roofs shall be installed in accordance with ANSI standards for fire, wind uplift, and root repellency (ANSI/SPRI VF-1, ANSI/SPRI RP-14 and ANSI/SPRI VR-1.) See Subsection 6 for available bonus provisions.

6. Green Walls/Living Walls.

A. The use of green walls, interior or exterior, is encouraged to supplement measures to reduce energy consumption, heat island effects and provide other environmental benefits such as improved air quality.
B. Green walls may be modular or soilless types.

7. Thermal Mass Walls.

A. The use of thermal mass walls is encouraged to supplement measures to reduce energy consumption in combination with renewable energy sources and other passive energy reduction strategies as outlined in this Part.
B. In accordance with the 2018 Pennsylvania Alternative Residential Energy Provisions, as published by the Pennsylvania Housing Research Center, and the Pennsylvania Energy Code, thermal mass walls must have an R value of 8 or an R value of 13, when more than half the insulation is on the interior.

Reconstruction of Damaged or Destroyed Nonconforming Structures and Buildings
Any nonconforming building or structure destroyed or damaged, in whole or in part, may be reconstructed on the foot print of the nonconforming building or structure, and to the height and dimensions that building or structure had immediately prior to the destruction or damage. The relocation of the destroyed or damaged nonconforming building or structure to other areas on the lot or parcel of land is not permitted unless the relocated building or structure shall thereafter be made to fully conform to all provisions of this chapter. Any expansion of a destroyed or damaged nonconforming building or structure shall be limited as otherwise provided in this section.

Abandonment. See § 27-25109 for details.

Restriction Against Further Subdivision
Any property located within the Township which is subject to a restriction against further subdivision, whether by a notation on a subdivision plan and/or restriction in a deed, shall not be further subdivided, regardless of an intervening zoning change.

Right-of-Way Widths for Streets
Whenever the existing street right-of-way is less than that required by the Township Subdivision and Land Development Ordinance [Chapter 22] for the particular classification of street, the right-of-way widths set forth in the Subdivision and Land Development Ordinance [Chapter 22] shall be applicable to any subdivision, land development or project related to this chapter.

Setback Along the Delaware Division of the Pennsylvania Canal
1. A setback of 150 feet shall be established along both sides of the Delaware Division of the Pennsylvania Canal (measured from the center line of the canal) in accordance with the following standards:

A. Nothing other than parking for single-family residences, landscaping and a wood fence which may be lined with a wire mesh shall be permitted in the setback. Existing uses shall be considered nonconforming and shall be governed by § 27-2610: Environmental Impact Assessment Report.

B. No roads or driveways shall be permitted in the setback, except where there is no other access to the property.

Where there is no other access, the road or driveway shall be designed to minimize adverse impact on the canal. Permission to construct a road or driveway within a buffer yard will be by a conditional use which may be granted only upon proof that there is no other location on the lot outside the buffer yard where the road or driveway may be built in compliance with the Township ordinances. In granting a conditional use the Supervisors shall specifically require that the road or driveway be located and landscaped in such manner as to represent the minimum incursion into the buffer yard and shall be landscaped to minimize the impact on the adjacent village.

C. The setback requirement shall terminate at the edge of River Road, i.e., it shall not extend to land on the opposite side of River Road from the canal.

D. The one-hundred-fifty-foot setback shall not be required along the canal within a village which has been placed on the National Register of Historic Places (Phillips Mill, Centre Bridge and Lumberville). In these villages, the setback set forth in the applicable zoning district in effect shall govern.

E. When a new structure is constructed, the structure shall be laid out so that only the minimum number of mature trees are removed.

Setbacks and Buffer Requirements for Scenic and Historic Resource Protection, Special
1. Setback Areas Around Villages on the National Register of Historic Places. A two-hundred-foot setback shall be provided around the boundary of each village placed on the National Register of Historic Places. The boundaries of Carversville, Phillip's Mill, Centre Bridge and Lumberville Historic Districts as established by the National Register are attached to this part as Exhibits 27-26-A, 27-26-B, 27-26-C, and 27-26-D.

A. Structures as set forth in Subsection 3, below, parking for a single-family dwelling unit, and a wood fence, which may be lined with a wire mesh is permitted in the setback area. Existing uses shall be considered nonconforming and shall be governed by § 27-2510: Nonconformities.

B. No roads or driveways shall be permitted in the setback areas except where there is no other access to the property. Where this is no other access, the road or driveway shall be designed to minimize any adverse impact on the village. Permission to construct a road or driveway within a setback area shall be as a conditional use which may be granted only upon proof that there is no other location on the lot outside the setback area where the road or driveway may be built in compliance with this chapter. In granting a conditional use, the Board of Supervisors shall specifically require that the road or driveway be located and landscaped in such manner as to represent the minimum intrusion into the setback area and shall be landscaped to minimize the impact on the adjacent village.

C. Where the boundary of the village is a road, there shall be a minimum building setback of 175 feet from the ultimate right-of-way of the road on the side of the road opposite the historic district.

D. The setback area may be coterminous with the required front, side, or rear yards, and in case of conflict, the wider yard requirements shall apply.

E. All setback areas shall be maintained and kept clean of all debris and rubbish.

F. When a new structure is constructed, such structure shall be sited so that only the minimum number of mature trees are removed.

2. Scenic Road Setback Requirements.

A. A one-hundred-fifty-foot setback shall be provided from the right-of-way of any road designated as scenic in the Township Comprehensive Plan.

B. Structures as set forth in Subsection 3, below, parking for a single-family dwelling unit, a wood fence which may be lined with a wire mesh, and deer fence installed pursuant to § 27-2604: Conversion Into Two-Family Dwellings are permitted in the required setback area. Existing uses shall be considered nonconforming and shall be governed by § 27-2510: Nonconformities.

C. Where approved as a conditional use by the Board of Supervisors in accordance with applicable provisions of Part 26: SPECIAL PROVISIONS and Part 28: OPEN SPACE OPTION PROVISIONS, any use otherwise permitted in the base zoning district shall be permitted within the required setback area subject to provision of a visual buffer designed, installed, and maintained in a manner acceptable to the Board of Supervisors. At the discretion of the Board of Supervisors, existing vegetation or topographic features may substitute for required buffer plantings where the applicant demonstrates to the satisfaction of the Board that such features conceal the proposed use from view from the affected scenic road.

D. The one-hundred-fifty-foot setback shall not be required along scenic roads within the designated boundaries of Historic Districts at villages on the National Register of Historic Places (Carversville, Phillip's Mill, Centre Bridge and Lumberville). Within these historic districts, applicable setbacks as otherwise set forth in this chapter shall apply.

3. No structure shall be placed within the historic resource or scenic road setback, and no manufacturing or processing activity, or storage of materials shall be permitted except as follows:

A. Landscape treatment such as berms, fences, gates or walls which aid in screening and do not conflict with the character of adjoining properties, or block the clear sight distance required at intersections.

B. Appurtenant landscaping structures such as tree wells, tree guards and tree grates and retaining walls used to preserve stands of existing trees or used for other functional purposes.

C. Road and driveways which provide direct ingress/egress for the tract or lot, including appurtenant structures within such road rights-of-way such as curbs, sidewalks, signs, lighting standards or benches are permitted within the scenic setback and by conditional use within the historic resources setback (refer Subsection 1B, above).

D. Underground utilities.

Setbacks, Special
1. Special setbacks shall be larger yard requirements that are imposed in areas where additional space is necessary to separate a use or building from a street, natural resource area, farmland, or pipeline.

Setbacks for Reverse Frontage Lots. Reverse frontage lots are through lots with the front yard along an internal street from which the lot takes access, and the rear yard along another street from which the lot has no access.

(1) These setback requirements shall apply to all uses and principal structures on any reverse frontage lots, regardless of the type of street, and shall supersede the yard and setback requirements for the all zoning districts within which the lots lie.

(2) The special setback shall be measured from the ultimate right-of-way line of the streets to the principal structure.

(3) For all reverse frontage lots created after the effective date of this chapter, the special setback shall be a minimum of 200 feet from the ultimate right-of-way. A buffer shall be planted in accordance with § 22-520: Landscape Conservation and Improvement Plans, § 22-5201D and § 22-5201E, of Chapter 22: Subdivision and Land Development. Accessory structures, including fences, shall not be placed within the buffer.

(4) Special setbacks may not be used to meet minimum open space requirements.

Pipelines. All buildings housing a human activity, including a residence, commercial, industrial, or institutional use shall be set back a minimum of 75 feet from any pipeline right-of-way which transports a flammable or explosive material, except for those lines providing domestic gas service. Other buildings or structures not occupied by humans shall be prohibited within the right-of-way of the pipeline.

Setbacks from Active Agricultural Use. New land development adjacent to a lot with an active agriculture use shall have a special setback so that any buildings or principal structures shall be no closer than 200 feet from the lot line of the lot with an active agricultural use. A buffer shall be planted on the development side of the lot line, within the special setback, in accordance with § 22-520, Subsection 1D and E, "Landscape Conservation and Improvement Plans," of the Subdivision Ordinance [Chapter 22], to prohibit encroachment on farmland, interference with farming operations, and disposal of yard waste.

Setbacks from Electrical Transmission Towers and Power Lines. All structures used for human habitation shall be setback a distance equal to the height of the tower.

Steep Slopes
Steep slopes must be protected from inappropriate development such as excessive grading, landform alteration and extensive vegetation removal to avoid potential hazards to property and the disruption of the ecological balance caused by increased runoff, flooding, soil erosion and the like.

Steep slopes (other than slopes that were clearly man-made as determined by the Township) consist of the following:

(a) Class I steep slope-characterized by a change in elevation of 8% or more, but less than 15%.
(b) Class II steep slope-characterized by a change in elevation from 15% to 25%.
(c) Class III steep slope-characterized by a change in elevation greater than 25%.

The following standards shall apply, except where specifically modified by this chapter in accordance with the conditional use standards and procedures:

(a) Class I (8 to 15%) Steep Slopes: no more than 40% of such areas shall be altered, graded, cleared or built upon.

(b) Class II (> 15 to 25%) Steep Slopes: no more than 30% of such areas shall be altered, graded, cleared or built upon.

(c) Class III (>25% or steeper) Steep Slopes: no alterations, grading, clearing, or building permitted. In addition, no building shall be placed within 50 feet of the boundary of any Class III Steep Slope area nor shall any grading occur within 25 feet of the boundary of any Class III Steep Slope area.

(d) Protection of Class I and Class II slopes may be reduced by conditional use approval provided that other resources (such as vegetation or agricultural soils) are protected to a greater extent to compensate for the additional slope disturbance, in accordance with conditional use standards and procedures. Conditional use approval may grant only up to an additional 10% disturbance of Class I and II slopes beyond each slope class's respective protection standards.

See § 27-2205: Natural Resource Standards for complete, detailed information.

Storage Control
A. No liquids, solids, or gases having a flash point less than 73° F. (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 2,000 gallons, connected directly with energy devices or heating appliances located and operated on the same lot as the tanks or drums of fuel.

B. The capacity of flammable materials permitted in gallons shall be as follows:

Flash Point Closed Cup Tester Above Ground

140° F. or higher 10,000

74° F. to 139° F. 5,000
73° F. or less, fuels connected to energy devices 3,000

C. Except for agricultural use, all outdoor storage facilities for (fuel, raw materials and products, and all fuel, raw materials and products stored outdoors, shall be enclosed by a fence with a minimum height of six feet. Such fence shall be chain (link, stockade, picket (not exceeding three-inch spacing), solid wood, building wall, or such other materials as may be acceptable to the Zoning Officer to carry out the intent of this section.

D. 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 allowed to enter any stream or watercourse. Disposal of sewage, septage, or sludge must meet the requirements of the Pennsylvania Department of Environmental Protection.

E. 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.

F. Radioactivity and Electrical Disturbance. There shall be no storage of materials which emits radioactivity beyond the boundaries of the lot on which it is located. There shall be no electrical disturbance adversely affecting the operation of any equipment beyond the property line of the creator of such disturbance.

Streams, Watercourses, Waters of the Commonwealth, Lakes or Ponds
These areas include watercourses, streams or bodies of water and their floodways wholly or partly within or forming part of the boundary of this commonwealth and shall not be altered, graded, developed, filled, piped, diverted or built upon. In addition, the provisions of the Riparian Corridor Overlay District provided in § 27-2208 of this chapter shall apply.

See § 27-2205: Natural Resource Standards for complete, detailed information.

Toxic or Noxious Matter Control
A. Water-borne. No 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 can destroy aquatic life shall be allowed to enter any stream or watercourse. Nor shall any such substance or waste be deposited upon a lot in such form or manner that it may be transferred off the lot by natural causes or forces. No activities shall violate the laws and regulations referenced specifically in Part 21.

B. Airborne. No substance which can pollute the air shall be permitted.

(1) The ambient air quality standards for the Commonwealth of Pennsylvania shall provide the maximum discharge limit for the release of airborne toxic materials across lot lines. Where toxic materials are not listed in the ambient air quality standards of the Commonwealth of Pennsylvania, the release of such materials shall be in accordance with the fractional quantities of toxic materials currently listed in the threshold limit values adopted by the American Conference of Governmental Industrial Hygienists. Unless otherwise stated, the measurement of toxic matter shall be at ground level or habitable elevation, and shall be the average of any twenty-four-hour sampling period.

(2) The release of air-borne toxic matter shall not exceed one-thirtieth of the threshold limit value beyond a district boundary line of the district in which the use is located.

Traffic Control
A. No activity shall occur which would adversely affect traffic flow and/or present traffic controls within the Township by creating a level of service below that which is specified in this subsection.

B. To minimize potentially adverse conditions, the level of service for traffic along any road within 1,500 feet of the points of ingress and egress of a tract or lot shall be a level of service "C" or better. The term "level of service" and the categories thereof are used herein in accordance with the definitions or meanings ascribed thereto in the document entitled: Trip Generation, An Institute of Transportation Engineers Informational Report (most current edition).

C. The determination of levels of service shall be made after an experienced Transportation Engineer/Traffic Consultant conducts a traffic study, the cost of which shall be borne by the owner of the tract or other property owner. Said study shall be based in part on the aforementioned report, and in part on the Pennsylvania Department of Transportation Handbook of Vehicle Code Regulations, in particular the following chapters: 471-610 pertaining to Engineering and Traffic Studies; 471-611 pertaining to Maintenance and Protection of Traffic; and, 471-615 pertaining to Official Traffic Control Devices. Said study shall indicate compliance with the requirement for a level of service "C" or better as set forth above, and shall include the data upon which the conclusions of said study are based, including, without limitation, traffic counts, the hours thereof, the dates thereof, and the types of motor vehicles comprising such counts.

D. Any activity which would result in a level of service below "C" shall be considered deficient and shall not be permitted unless improvements are made to the streets and/or intersections which raise the level of service to "C." The improvements shall include, but not be limited to, the following elements: internal circulation design, site access location and design, external street and intersection design and improvements, traffic signal installation and operation, including signal timing.

Vegetation
Disturbance of vegetation shall be in compliance with all applicable provisions of this chapter. The purpose of this chapter is to provide reasonable controls governing the disturbance of vegetation associated with all site alterations, grading, filling or clearing of vegetation and all subdivision and land development activities. The following standards shall apply to all vegetation disturbance.

(1) No more than 20% of vegetation shall be disturbed. The Board of Supervisors, in their sole discretion, may grant conditional use approval to no more than 50% of vegetation to be disturbed, provided that the additional vegetation disturbance is offset by additional preservation of productive agricultural soils. All requirements of the Landscape Conservation and Improvement Plant shall be met.

(2) All wooded areas which are required to be preserved shall remain in their natural condition with the natural forest understory and ground cover left intact.

(3) Wildlife Habitat. Wooded areas and/or specimen trees providing habitat for threatened and/or endangered species shall not be disturbed and shall be contained within a tree protection zone.

(4) Should any existing viable vegetation within the tree protection zone be irreparably damaged during construction or site preparation activities and, as a consequence thereof, die within two years of the conclusion of construction or site preparation activities, such trees shall be replaced in accordance with § 22-5201L, of the SALDO [Chapter 22: Subdivision and Land Development], whether or not an application for subdivision or land development is required.

(5) The removal or destruction of each viable tree within the tree protection zone is prohibited without approval from the Township or its appointed representative.

(6) Tree Replacement. Compliance with the requirements of the tree replacement provisions of § 22-520, Subsection 1L, Landscape Conservation and Improvement Plans, of the Subdivision and Land Development Ordinance [Chapter 22] shall be required when a zoning permit is issued for a building, structure, or use affecting an area greater than 2,000 square feet.

See § 27-2205: Natural Resource Standards for complete, detailed information.

Vibration Control
A. Vibration shall be measured at or beyond any adjacent lot line or residential district line as indicated in Table 27-25-1 below and such measurements shall not exceed the particle velocities so designated. The instrument used for those measurements shall be a three component measuring system capable of simultaneous measurement of vibration in three mutually perpendicular directions.

B. For maximum vibration values, see table.

C. For Maximum Ground Transmitted Vibration information, see table.

See § 27-25126 for complete, detailed information on vibration control.

Wetlands
(1) Wetlands perform the following functions:

(a) Serving natural biological functions, including food chain production; general habitat; and nesting, spawning, rearing and resting sites for aquatic, waterfowl or land species.
(b) Providing areas for study of the environment or as sanctuaries or refuges.
(c) Maintaining natural drainage characteristics, sedimentation patterns, salinity distribution, flushing characteristics, natural water filtration processes, current patterns or other environmental characteristics.
(d) Shielding other areas from wave action, erosion or storm damage.
(e) Serving as a natural storage area for storm and flood waters.
(f) Providing a ground water discharge area that maintains minimum base flows.
(g) Serving as a prime natural recharge area where surface water and groundwater are directly interconnected.
(h) Preventing pollution by not only filtering and removing pollutants, but also by assimilating and recycling them.
(i) Providing recreation.

(2) Wetlands shall not be altered, graded, developed, filled, piped, diverted or built upon. All requirements of Chapter 22: Subdivision and Land Development shall be met for wetland delineation.

(3) Crossing of wetlands is permitted as a conditional use provided that the crossing is designed so that disturbance, filling, and grading are the minimum needed to span the wetlands areas.

(4) The provisions of the Riparian Corridor Overlay District in § 27-2208: Riparian Corridors of this chapter shall apply in addition to the regulations set forth herein.

(5) Requirements for Exceptional Value Wetlands and Other Wetlands. Exceptional value wetlands deserve special protection.

(a) Exceptional value wetlands are those wetlands that meet one or more of the characteristics set forth in 25 Pa. Code § 105.17(1)(i) through (v).

(b) Exceptional value wetlands are subject to the following regulations: No disturbance or encroachments are permitted. An assessment of potential wetland impacts shall be required for any development located within 300 feet of exceptional wetlands and 100 of other wetlands because of the interconnectiveness of the landscape, the dependence of wetland functioning on the nearby upland area and the substantial potential for disturbances in reasonable proximity of a wetland. Disturbance of any area within 300 feet of exceptional value wetlands shall be prohibited where such disturbance would have a substantial adverse impact on the quality of the wetlands (see 25 Pa. Code §§ 105.14(b) and 105.15 for determination of adverse impact). All wetlands, regardless of size or quality, are an important part of the water budget based planning.

(c) All Other Wetlands. Disturbance of any area within 100 feet of other wetlands shall be prohibited where such disturbance would have a substantial adverse impact on the quality of the wetlands (see 25 Pa. Code § 105.14(b) and 105.15 for determination of adverse impact).

See § 27-2205: Natural Resource Standards for complete, detailed information.

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MapLink™ | General Requirements

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Township of Solebury, PA

MapLink™ | General Requirements