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1. Definition. A buffer is a specified land area together with the planting and landscaping required on the land. A buffer may also contain a barrier, such as a berm or a fence, where such additional screening is necessary to achieve the desired level of buffering between various activities.
2. Purpose. The provisions of this Section are provided for the following purposes:
A. To act as a guide in evaluating buffering criteria when the performance zoning approach is used.
B. To act as buffer design standards as referenced throughout Chapter when the conventional zoning district approach is used.
C. To provide flexibility to the developer by manipulation of four basic elements: distance, plant material type, plant material density and land forms.
The general purpose of a buffer is to ameliorate nuisances and unfavorable land use relationships. The required buffer is intended to minimize nuisances including incongruous land uses.
3. Buffer of Agriculture Areas. Where development is proposed adjacent to or within the agricultural zoning district, a buffer yard of trees shall be provided. This requirement shall supersede use of the design diagrams below, if at the discretion of the Planning Commission, a tree plantation better serves to preserve the larger rural landscape. Existing hedgerows and woodlots shall be preserved to the greatest extent possible and can be used toward the fulfillment of the buffer requirements.
4. Location of Buffer Yards. Buffer yards shall be located on the side and rear lot lines of a parcel extending to the lot or parcel boundary line. The buffer is normally calculated along the property line. However, design variations are allowed and may be calculated as shown on the "Design Option Chart," Table 1.
5. Determination of Buffer Yard Requirements.
A. Existing hedgerows and woodlots, may be applied toward fulfillment of the buffer yard requirements. The Planning Commission may require that more trees be added to an existing hedgerow in order to increase the buffer density.
B. To determine the type of buffer yard required between two adjacent parcels, the following procedure shall be followed:
(1) Identify the land use class of the proposed use by referring to Table 3, "Buffer Yard Requirements."
(2) Identify the land use class of each adjoining use by referring to Table 2, "Land Use Classification Chart."
(3) Determine the buffer yard requirements for side and rear lot lines or the portion thereof on the subject parcel by referring to Table 1, "Design Options." Retained natural woodland shall be preferred landscaping. The buffer yards specified are to be provided on each lot or parcel independent of adjoining uses or adjoining buffer yards, except that the Planning Commission may take such existing buffering into consideration when determining the buffer yard requirements.
(4) When a developed use is proposed adjacent to vacant land, the owners of the affected properties may submit a contractual agreement whereby the buffer yard for the developed use is reduced or waived, provided that the owner of said property to be developed agrees to: (a) develop at no greater intensity than the specified land use class and (b) if an additional buffer is needed at a future time, it will be provided on the vacant land. This agreement or common consent, shall be recorded on the respective property deeds of all affected landowners.
(5) Should a developed use increase in intensity from a given land use class to a higher one (e.g., Class 3 to Class IV), the Planning Commission shall determine, during the site plan review process, whether additional buffer yard is needed and if so to what extent and type.
Note: Buffer yard requirements are stated in terms of the width of the buffer yard and the number of plant units required per 100 linear feet of buffer yard. The requirements may be satisfied by any of the options indicated (Buffer Yard Type A through E).
6. Buffer Yard Use. A buffer yard may be used for passive recreation. It may contain pedestrian, bike or equestrian trails provided that:
A. Adequate plant material is retained as necessary to achieve the buffer effect.
B. The total width of the buffer yard is maintained.
7. Buffer Yard Maintenance. It shall be the responsibility of the property owner to maintain required landscaping and buffer yards. Dead plant materials must be replaced within 1 year of their original planting. landscaped areas and buffer yards shall be kept free of noxious weeds and trash. Where natural plant growth changes the actual buffer effect over time, the Zoning Officer may require supplementary plantings to achieve the intent and purposes of this Chapter.
8. Optional Landscaping Methods. As a design option, the developer may propose to develop, with concurrence of the Planning Commission, an orchard, a grove of trees or similar vegetation in keeping with the rural character of the Township. For example, an earth berm with appropriate vegetation may be used to reduce the required number of plantings in the buffer yard design standards. Such reduction would be determined by the Planning Commission after review of the earth berm and proposed vegetative pattern.
9. Buffer Yard Design.
A. Plant Materials. All plant materials required within a specified buffer yard shall be plaited to completion within 6 months from date of approval of the site plan and thereafter be properly maintained.
B. Plant Types. The following landscape/plant materials are suggested for inclusion in the required buffer yards:
(1) Canopy trees: maple, oak, birch, beech, linden, honey-locust, ash, ginko, sweetgum.
(2) Deciduous shrubs and shrublike trees: Russian olive, dogwood, redbud, dowering crab, hawthorn, magnolia, fruit (pear, cherry, plum, peach, honeysuckle, lilac, cotoneaster, forsythia, euonymus, hydrangea, privet, vibernum.
(3) Evergreens: pine, fir, spruce, hemlock, juniper, yew, arborvitae, rhododendron.
C. Minimum Allowable Size/Trees. Minimum 6 feet in height or not less than 1 inch in caliper.
D. Required Number of Plantings. The number of canopy trees, evergreens and shrubs is based on the depth of the buffer yard and the types of land uses to be buffered. To determine the required number, identify the adjoining land use (A-E) and buffer yard depth and then count the number of canopy trees, evergreens and shrubs in the respective block on the chart below.
BUFFER YARD DESIGN OPTIONS -- TABLE 1
LAND USE CLASSIFICATION -- TABLE 2
The following list shows the principal type of land uses in each class which are used to determine the buffer required between any particular class. See Table 3, "Buffer Yard Requirements."
CLASS I
Agriculture
Single-Family Detached Residences
Open Space/Recreation Areas
Forested Areas
CLASS II
Performance Subdivision
Recreational Facilities
Institutional Uses
Public Buildings/Public Service Installations
Two-Family Dwellings
CLASS III
Multifamily Dwellings
Offices and Service Establishments
Mobile Home Parks
Convenience Retail Establishments
General Retail Establishments
Research and Development Use
CLASS W
Other Commercial Uses
Wholesale and Warehousing
CLASS V
Industrial Uses
BUFFER YARD REQUIREMENTS -- TABLE 3
Land Use Class | Adjacent Existing Land Use Class | Adjacent Vacant Land (Zoning District) | ||||||||||||
I | II | III | IV | V | R-1 | R-2 | VC | RRC | HI | GC | LI | AG | OR | |
I | -- | A | C | D | E | -- | A | -- | A | C | C | D | -- | -- |
II | A | A | B | C | D | A | B | A | B | B | B | C | A | A |
III | C | B | B | C | C | C | C | C | B | B | B | B | C | C |
IV | D | C | B | A | B | D | D | C | C | B | B | A | D | C |
V | E | E | D | B | A | E | E | E | D | C | C | B | D | D |
Interpreting Table 3
Table 3 is used to determine the type of buffer required for any project using the Performance Zoning Standard.
A. To determine the land use class for any type of development, consult Table 2, "Land Use Classification." Classes are divided into five categories, based on the nature and character of the use. (Agriculture, for example, is in Class I, while industrial use is in Class V.)
B. If the adjoining land parcel is occupied, identify the adjacent land use by class also (See horizontal heading entitled "Adjacent Existing Land Use Class" near the left of chart). Then, select the proposed land use class from the vertical column labeled "Land Use Class" at the extreme left of the chart in order to identify the type of buffer yard design required. A proposed land use IV, for example, that is adjacent to another land use IV property, would require an A type buffer yard design as described in Table 1. No buffer would be required between two Class I residential uses.
C. When the adjacent land is vacant, the type of buffer yard design required depends on the zoning designation of the particular adjoining parcel. For instance, a project that qualifies as a land use Class 3 on Table 2 would require a C-type buffer in an (R-1) residential district and a B-type buffer in the (H-I) highway interchange district.
(Ord. 3/9/1993B, § 805)
PART 9
NONCONFORMATIES
NONCONFORMATIES
Except as provided in this Part, any use existing at the effective date of this Chapter, which does not conform with the provisions of this Chapter, shall comply with the following:
A. Continuation. Any use of structure or of land legally existing on the effective date of this Chapter may be continued although such use may not conform to the provisions of this Chapter except as otherwise herein provided.
B. Expansion. The following standards shall apply to nonconforming uses:
(1) No currently conforming use shall be enlarged or increased in a manner which will further violate any area, bulk and height regulations imposed by the zoning district in which it is located.
(2) No nonconforming use may be expanded unless it has been approved by the Zoning Hearing Board.
(3) The proposed expansion shall not exceed 50% of the area used at the time this Chapter became effective.
(4) The proposed expansion shall not cause an increased detrimental effect on surrounding properties.
(5) The proposed expansion shall conform to off street parking requirements.
(6) The proposed expansion shall not be detrimental to or alter, or intend to alter, the character of the existing neighborhood.
(7) No nonconforming use shall be enlarged or increased upon ground not owned, leased or under option to purchase at the time of the passage of this Chapter.
C. Change in Use. Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to another nonconforming use only under the following conditions:
(1) The applicant shall show that the nonconforming use cannot reasonably be changed to a use permitted in the district where it is located, due to the peculiar circumstances presented by the lot, building or structure.
(2) The applicant shall show that the proposed change will be less objectionable in external effects than the existingnonconforming use with respect to:
(a) Traffic generation and congestion.
(b) Noise, smoke, dust, noxious matter, beat, glare and vibration.
(c) Storage and waste disposal.
(d) External appearance.
(Ord. 3/9/1993B, § 901)
Except as provided in this Part, any building or structure existing at the time of passage or amendment to Chapter shall comply with the following.
A. Continuation. Any nonconforming building or structure legally existing on the effective date of this Chapter may be continued.
B. Restoration. Any nonconforming building or structure which has been damaged or destroyed by fire or some other calamity may be restored within the limits of the existing foundation and shall not exceed the height, width and depth dimensions of the original building. Restoration shall begin within 9 months from the date of damage or destruction and shall be carried on without interruption.
C. Extension. Any nonconforming building or structure existing at the time of the effective date of this Chapter may be extended provided such extensions conform to the applicable area and building height requirements. The extension of any existing nonconforming building or structure shall require a special exception when the total floor area will be increased by more than 25% of the floor area of the nonconforming building at the time of the effective date of this Chapter. In granting a special exception, the Zoning Hearing Board shall consider the following:
(1) It is clear that such extension is not materially or spatially detrimental to the character of the surrounding lots or the interest of the Township.
(2) No more than one extension to a nonconforming building shall be granted.
(3) The Zoning Hearing Board may specify appropriate conditions and safeguards as may be required.
(4) The extension of the building or structure does not extend upon ground not owned, leased or under option to purchase at the time of the passage of this Chapter.
(Ord. 3/9/1993B, § 902)
1. Lots Included in Approved Plans. Any lot shown on an approved and publicly recorded subdivision plan on the effective date of this Chapter which does not meet the minimum area and bulk requirements of the zoning district in which it is located may be used for any use permitted in that district provided that all yard, height, impervious coverage and common open space requirements shall be met. The Zoning Hearing Board may grant a variance from the yard and impervious coverage requirements as long as the provisions under Part 3 are satisfied.
2. Lots Held in Single and Separate Ownership. Any lot held in single and separate ownership at the effective date of this Chapter which does not meet the minimum area and building requirements of the zoning district in which it is located may be used for any use permitted in that district provided that all yard, height, impervious coverage and common open space requirements are met. If the plans for the proposed use shall be approved by the Zoning Hearing Board, after review of such plans to assure reasonable compliance with the spirit of the zoning regulations for the district, and the water supply and sewage disposal facilities are certified as adequate by the Township Engineer, a variance from the yard and impervious coverage requirements may be granted.
3. Ownership of Adjacent Property. In the event an applicant owns adjacent property sufficient to enable him to comply with the provisions of this Chapter, such property or portions thereof shall be combined prior to the erection or alteration of a building or structure. Such combination shall correct the nonconforming situation to the maximum extent possible and shall not create a nonconforming lot out of the adjacent property.
(Ord. 3/9/1993B, § 903)
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