The Board of Supervisors may permit the conversion of a building existing at the time of adoption of this Ordinance to a dwelling for more than one family in the RA, RB and VR Districts provided that:
A. The plans for the conversion of said dwelling shall be submitted to the Board of Supervisors.
B. Such plans shall provide adequate and suitable parking and screening in accordance with Article 16.
C. In order to qualify for conversion, the building must be located on a lot with an area not less than twice the minimum single-family lot area of the district. No more than two (2) dwelling units on a lot shall be created through conversion.
D. There shall be no external alteration of the building, (except as may be necessary for reasons of safety) which will disrupt the residential character of the surrounding area. Fire escapes and outside stairways shall be located in the rear of the building.
A. Carbonate (Limestone) Geology: For areas identified as having carbonate (limestone) geology in the Conservation and Management Practices for Buckingham and Durham Carbonate Valleys, February, 1985, prepared by the Bucks County Planning Commission and International Explorations, Inc., all regulations in Section 5.25 of the Solebury Township Subdivision and Land Development Ordinance and the following shall apply:
1. Buildings: No principal or accessory building or structure shall be located closer than one hundred (100) feet to the rim of sinkholes, closed depressions, ghost lakes, surface pinnacles, lineaments, fracture traces, or disappearing streams.
2. Underground Storage of Liquid Fuels and Other Hazardous Liquids: Liquid fuels and other hazardous liquids shall not be stored underground within or within two hundred (200) feet of a carbonate geologic formation.
3. Recycling and Refuse Facilities, and Solid Waste Landfills: No such facilities shall be permitted within or within two hundred (200) feet of a carbonate geologic formation.
4. On-lot Sewage Disposal Systems: Proposed on-lot sewage systems shall meet the requirements of the Bucks County Department of Health "policy and procedures, then in effect, for the issuance of on-lot sewage permits over limestone" for sites located within or within two hundred (200) feet of areas identified as having carbonate (limestone) geology in the Conservation and Management Practices for Buckingham and Durham Carbonate Valleys, February, 1985, prepared by the Bucks County Planning Commission and International Explorations, Inc. regardless of lot size.
B.The boundaries of the Carbonate (limestone) Geology shall be determined by scaling the areas shown on the maps in the Conservation and Management Practices for Buckingham and Durham Carbonate Valleys, February 1985. The boundaries shall be shown on the subdivision, land development or other proposed plan(s). The mapping provided by the applicant shall be reviewed by the Township Engineer for approval by the Board of Supervisors. Once approved, the applicant shall follow all regulations of this Section for those areas that reflect the carbonate geologic formation. No permit will be issued and no application will be approved prior to the approval of the required mapping.
A. A setback of one hundred fifty (150) feet shall be established along both sides of the Delaware Division of the Pennsylvania Canal (measured from the centerline of the canal) in accordance with the following standards:
1. Nothing other than parking for single-family residences, landscaping and a wood fence that may be lined with a wire mesh shall be permitted in the setback. Existing uses shall be considered nonconforming and shall be governed by Section 1809.
2. 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 1YY pact on the canal . Permission to construct a road or driveway within a buffer yard will be by a conditional use that 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 a manner as to represent the minimum incursion into the buffer yard and shall be landscaped to minimize the impact on the adjacent village.
3. 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.
4. The one hundred fifty (150) foot setback shall not be required along the canal within a village that 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.
5. When a new structure is constructed, the structure shall be laid out so that only the minimum number of mature trees are removed.
A. Setbacks and Buffer areas around villages on the National Register of Historic Places.
A.two hundred (200) 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 Article as Exhibits A, B, C and D. When a building is constructed less than three-hundred (300) feet from said boundaries, a buffer area of one hundred (100) feet in width shall be established in conformity with Sections 1907 and 1908 and the following:
1. The planting shall begin one hundred (100) feet from the boundary line described above.
2. Structures as set forth in Section 1907.C., parking for a single-family dwelling unit, and a wood fence, which may be lined with a wire mesh may be permitted in the setback area. Existing uses shall be considered nonconforming and shall be governed by Section 1809.
3. No roads or driveways shall be permitted in the setback areas 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 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 Ordinance. In granting a Conditional Use the Board of Supervisors shall specifically require that the road or driveway be located and landscaped in such a manner as to represent the minimum intrusion into the setback area and shall be landscaped to minimize the impact on the adjacent village.
4. 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. No buffer planting shall require such setback.
5. The setback and/or buffer area may be coterminous with required front, side, or rear yards, and in case of conflict, the wider yard requirements shall apply.
6. All setback and buffer areas shall be maintained and kept clean of all debris and rubbish.
7. When a new structure is constructed, such structure shall be sited so that only the minimum number of mature trees are removed.
8. In any subdivision or land development, the buffer area may either be owned by individual lot owners or be a part of the open space maintained by the Homeowners Association, Condominium Association, or other approved entity in accordance with Article 20.
1. A 150 foot setback shall be provided from the right-of-way of any road identified as "scenic road" in the map of Scenic Roads in Solebury Township dated April of 2006, a true and correct copy of which is attached to this Ordinance as Exhibit "A."
2. Structures as set forth in Section 1907.C., parking for a single-family dwelling unit, and a wood fence as provided in subsection A.2. above may be permitted in the required setback area. Existing uses shall be considered nonconforming and shall be governed by Section 1809.
3. Where approved as a conditional use by the Board of Supervisors in accordance with applicable provisions of Articles 19 and 20, any use otherwise permitted in the base zoning district shall be permitted within the required setback area subject to provision of a continuous visual buffer in accordance with all applicable provisions of Sections 1907 and 1908. At the discretion of the Board of Supervisors, existing vegetation or topographic features may substitute for required buffer plantings where Applicant demonstrates to the satisfaction of the Board that such features conceal the proposed use from view from the affected scenic road.
4. The one hundred fifty (150) 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 Ordinance shall apply.
A. Buffer areas and buffer planting strips as required in various districts shall be adjacent to a property boundary, except as set forth in Section 1906.A.1.
B. Buffer areas and buffer planting strips shall be landscaped and maintained in accordance with Section 1908.
C. 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:
1. 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.
2. 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.
3. 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.
4. Underground utilities.
5. 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 Section 1906 A.2.
A. 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. Plant sizes, spacing and types shall be in accordance with this Section and the Tables at the end of this Section.
B. All required Landscaping Plans shall be submitted at the time when all other required applications and/or plans am submitted. Plans shall be based on and reflect the following:
1. A design that is responsive to the functional and aesthetic characteristics of the tract or lot, and existing and proposed principal and accessory buildings and other structures.
2. A design that demonstrates an effective proposal for screening the proposed use or activity from the adjoining properties.
3. A design that creates visual interest for the users and/or residents of the proposed project.
4. The use of plant material which is: acclimated to local -conditions; located and spaced to achieve required screening, compatible groupings and other effective purposes; and not injurious of persons or pedestrians and vehicular circulation.
C. The Landscaping Plan shall include notes, diagrams, sketches, or other depictions to demonstrate compliance with Section 1908 B. and the following:
1. An analysis of the site in terms of. the existing views to and from the areas which am proposed for development; existing topography and vegetation conditions; and, other existing conditions which are relevant to the site.
2. An analysis of proposed planting and other landscaping needs as related to: screening views of buildings; screening buildings and sections of buildings; screening parking areas and other areas where vehicles are parked; screening storage areas; screening site utilities; and, other appropriate types of screening, such as along streets or driveways.
3. The consideration of locations where plantings and other landscaping is needed to provide visual interest; define outdoor spaces; complement the proposed architectural style; and achieve other functional and aesthetic requirements for buffer areas, buffer planting strips, and other landscaped areas.
D. A Landscaping Plan shall reflect compliance with the following requirements:
1. Buffer planting strips and buffer areas shall be installed and maintained at the width required in this Ordinance and in accordance with Section 1908 H. to form a continuous visual buffer. The buffer planting strip shall comprise evergreen trees and/or shrubs which are a minimum of six (6) feet in height at the time of planting. The combined evergreen shrub and tree plantings shall constitute the continuous visual screen at the time of occupancy of any buildings, and/or at the time of initiation of any use.
2. Parking lots and parking areas for five (5) or more vehicles shall be landscaped as follows:
a. The perimeter of all such off-street parking areas or parking lots shall be screened from any abutting property.
b. Screening shall form a continuous visual buffer six (6) feet in height at the time of planting, (except within the clear sight triangle) through the use of the following: plant materials, fencing or walls, and/or mounding through the use of berms forming a continuous visual buffer.
c. The area for planting, fencing, walls or berms shall not extend beyond the street line.
d. When planting screens are employed, buffer planting strip shall be provided. It shall be a minimum of ten (10) feet in width, or shall be wider as set forth in other sections of this Ordinance.
e. Whenever fencing, walls or berms are employed, the effective height of the continuous visual buffer shall be no less than six (6) feet, subject to the provisions of Article 18, Section 1803, except within the required clear sight triangle.
3. The outer perimeter of all parking shall be screened. Effective screens shall be accomplished through the use of plant materials, fencing,or walls and/or mounding through the use of earthen berms.
4. Landscaping within any parking area or parking lot which provides more than five (5) or more parking spaces shall also he subject to the following:
a. Off-street parking areas and parking lots shall be landscaped to reduce wind and air turbulence, heat and noise, and the glare of automobile lights; to reduce the level of carbon dioxide; to provide shade; to ameliorate stormwater drainage problems; to replenish the groundwater table; and to provide for a more attractive setting.
b. Each parking lot shall have one (1) two and one-half to three (2-1/2 to 3) inch caliper shade tree for every five (5) parking spaces. Shrubs, ground covers and other plant materials shall be used within planting islands and/or peninsulas to compliment the required shade trees.
c. The landscaping and planting areas shall be reasonably dispersed throughout the parking area or parking lot, except where there are more than twenty (20) parking spaces in which case the following shall apply:
1) Landscaping "islands" shall be provided at the end of each parking bay. Such "islands" shall be a minimum of ten (10) feet in width and twenty (20) feet in length. Such "islands" shall be provided to enhance the appearance of the parking area and to control access and movement within the parking area or parking lot.
2) All planting islands and planting beds within a parking lot shall be surfaced with groundcovers and/or dwarf shrubs and shall not be grassed. However, stone mulch and shredded hardwood mulch may be interspersed with ground covers and shrubs, provided that no more than one-quarter (1/4) of any planting island shall be surfaced with such mulch.
5. All buildings for which landscaping is required shall be landscaped in accordance with the following criteria:
a. A combination of evergreen and deciduous trees and shrubs shall be used as "foundation" plantings, i.e., plantings to be installed in close proximity to the facades.
b. One (1) three and one-half to four (3-1/2 to 4) inch caliper deciduous tree shall be planted for every fifty (50) foot length of building facade measured from end to end of buildings, without regard to indentations and the like in the buildings, facades, and excluding any enclosed walkway connectors and elevator cores. Such tree shall be a minimum of eleven to thirteen (11-13) feet in height at the time of planting. In addition, one (1) eight to ten (8- 10) foot specimen evergreen tree shall be planted for every fifty (50) feet of length of building facade.
c. Five (5) evergreen and/or deciduous shrubs shall be planted for every twenty (20) feet of length of building facade.
d. Trees and shrubs shall be grouped in accordance with specific needs and objectives.
6. Other landscaping including trees, shrubs and groundcovers shall be provided along walkways, in courtyards, around sitting areas, at the entrance to the site and in other highly visible locations, especially on the outer side of any internal access roads which are visible from a public street which may adjoin a lot or tract, at the entrance to buildings, and around structures used for service, storage or maintenance purposes.
E. Any preliminary landscaping plan shall be drawn at a scale of at least 1" = 50'. It shall be totally coordinated with the overall site plan and shall contain the following:
1. A delineation of the location of existing and proposed vegetation and plant materials. Any existing vegetation to be removed shall be noted on the Plan.
2. A delineation of other landscaping features such as berms, planting beds to be used for herbaceous plants, areas to be devoted to lawns, and other elements of the proposed improvements such as fences, walls, berms, retaining walls, lighting, benches, signs, paving, stone, tree wells and the like.
3. Written notes indicating compliance with Sections 1908.B., C. and D.
F. A final landscaping plan shall be submitted after the Township has reviewed the preliminary landscaping plan and has submitted comments on the plan to the applicant. The final landscaping plan shall be drawn at a scale of 1" = 50'. It shall be totally coordinated with the overall site plan and shall contain the following:
1. A final version of all of the plan requirements stated in Section 1908.E. above for a preliminary plan.
2. A plant list wherein the botanical and common name of proposed plants are noted, along with the proposed quantity, caliper, height, spread, and other dimensions and characteristics.
3. Details for the planting and staking of trees, and the planting of shrubs, and any other details which depict other related installation or protection, such as groundcover spacing, protective tree fencing, tree grates and guards, tree wells and the like.
4. Information regarding the continued maintenance of all plantings, and notes indicating that all plantings will be installed, maintained, and replaced if dead or diseased, or if stolen or otherwise removed, in locations as shown on the approved landscaping plan.
G. Plant Characteristics and Maintenance
1. All plants shall conform to the "American Standard for Nursery Stock" of the American Association of Nurserymen.
2. Trees and shrubs shall be typical of their species and variety; have normal growth habits, well developed, densely foliated branches,--and vigorous, fibrous root systems.
3. Trees and shrubs shall be free from defects and injuries and certified by appropriate Federal and State Authorities to be free from diseases and insect infestations.
4. Trees and shrubs shall be freshly dug and nursery grown. They shall have been grown under climatic conditions similar to those in locality of the project or properly acclimated to conditions of the locality of the project.
5. Any tree or shrub which dies within the term of a maintenance agreement shall be replaced by the landowner or developer within the next growing season. Any tree or shrub which is deemed, in the opinion of the Township, not to have survived or grown in a manner characteristic of its type shall be replaced. Substitutions for certain species of plants may only be made when approved by the Board of Supervisors.
6. It shall be the responsibility of the landowners, tenants and/or other occupants of the premises to adequately and properly maintain the landscaped areas, which responsibility shall include watering, cleaning of weeds and debris, pruning and trimming, replacement of dead, diseased, stolen or otherwise removed plantings, and fertilizing to maintain healthy growth.
7. All trees along the right-of-way of any property shall be kept trimmed nine (9) feet above any sidewalk and eleven (11) feet above all streets.
8. All shrubs abutting any sidewalks shall maintained at least six (6) inches from the edge of the sidewalks.
9. Existing trees and shrubs at the corner of an intersection of streets and/or driveways, shall be maintained at a height of no more than twenty-four (24) inches from point of intersection of corner property lines, back.fifty (50) feet, to avoid blocking sight distance to oncoming traffic; and shrubs or groundcovers to be planted shall be of the dwarf variety and shall not exceed twenty-four (24) inches in height at maturity.
H. Buffer Areas and Buffer Planting Strips. In addition to the preceding requirements, the following shall apply:
1. All buffer planting strips shall include a one hundred (100) percent dense screen planting of evergreen trees and shrubs to the full length of the lot lines to serve as a barrier to visibility, glare and noise.
2. All trees and shrubs shall be in accordance with the Tables below.
3. Plantings shall be spaced or grouped for maximum effectiveness.
4. The plantings shall be broken only at points of vehicular or pedestrian access, or as otherwise provided in Section 1907.
5. Existing Vegetation: Existing deciduous trees larger than three (3) inches in caliper and/or existing evergreen trees six (6) feet or larger in height may be counted to satisfy the buffer area planting requirement when approved by the Township. In all cases, existing plant material of the above caliper and height shall be preserved in any buffer area except where clearance is required to insure needed vehicular access and sight distance, or if the material is unsuitable.
6. The widths of the required buffer areas and buffer planting strips are set froth in the district regulations and in Table I below.
7. The generic plant types and spacing requirements are set forth in Tables 2 and 3 below.
8. The Suggested Plant List is set forth in Table 3 below. The Township may permit other plant varieties if they are hardy to the area; are not subject to blight or disease; and are of the same general character and growth habit as those listed in Table 2.
