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Township of Palmer, PA
Northampton County
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Table of Contents
Table of Contents
[Amended 2-15-2000 by Ord. No. 282]
The purpose of this district is to prevent the overcrowding of land and yet encourage well-planned and well-designed higher-density residential uses in those areas where central water and sewerage services are most available, and to provide for the public convenience and avoid congestion of the streets. This district is intended to promote development that is compatible with adjacent development and that incorporates natural features and open space into overall site design.
[Amended 2-15-2000 by Ord. No. 282]
A. 
The following uses in the HDR District shall be permitted with or without central water and sewer services, within the requirements of Article XX:
(1) 
Single-family detached dwelling.
(2) 
Crop farming and orchard.
(3) 
Nature preserve.
(4) 
Golf course.*
(5) 
Publicly owned recreation or Township-owned facility.
(6) 
Place of worship,* with a minimum lot area of two acres.
(7) 
Forestry.
[Added 2-19-2001 by Ord. No. 2001-299]
NOTES:
*See additional requirements and standards in § 190-210.
B. 
In addition to Subsection A, permitted uses in the HDR District shall be as follows, provided that each dwelling unit will be served by both public water and public sewer service prior to occupancy, and within the requirements of Article XX:
(1) 
Single-family semidetached dwelling.
(2) 
Two-family detached dwelling.
(3) 
Townhouse.
(4) 
Low-rise apartment.
(5) 
Two-family semidetached dwelling.
[Amended 2-15-2000 by Ord. No. 282]
Special exception uses in the HDR District shall be as follows, within the requirements of Article XX:
A. 
Nonhousehold swimming pool.*
B. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B, Medical and dental office, etc., was repealed 5-20-2002 by Ord. No. 2002-316.
C. 
Home occupation, general.**
D. 
(Reserved)[2]
[2]
Editor’s Note: Former Subsection D, Mid-rise apartment, was repealed 1-29-2013 by Ord. No. 2013-420.
E. 
Boardinghouses.*
F. 
(Reserved)[3]
[3]
Editor's Note: Former Subsection F, Business office building, was repealed 5-20-2002 by Ord. No. 2002-316.
G. 
(Reserved)[4]
[4]
Editor's Note: Former Subsection G, Publicly or privately owned school, was repealed 5-20-2002 by Ord. No. 2002-316.
H. 
Day-care center, child, as a principal use.*
I. 
(Reserved)[5]
[5]
Editor's Note: Former Subsection I, Appropriate public utility facility, was repealed 5-20-2002 by Ord. No. 2002-316.
J. 
Group home within a lawful dwelling.*
NOTES:
*See additional requirements and standards in § 190-210.
**See additional requirements and standards in § 190-211.
Specifically prohibited accessory and principal uses shall be as follows:
A. 
Raising of livestock.
B. 
Solid waste disposal area or facility.
C. 
Any use which violates Article XVI.
D. 
Commercial or industrial outdoor storage or display.
E. 
Apartments of seven or more stories, because of fire safety concerns and incompatibility with the character of the HDR District and the Township.
[Amended 2-15-2000 by Ord. No. 282; 5-20-2002 by Ord. No. 2002-316]
The following is a list of conditional uses in the High Density Residential District which must meet the general and specific standards governing conditional uses in this ordinance:
A. 
Life care center.
B. 
Personal care home.
C. 
Retirement village.
D. 
Cemetery.
E. 
Nursing home.
F. 
Appropriate governmental facilities and services other than those listed as permitted by right.
G. 
Appropriate public utility facilities.
H. 
Public or privately owned school.
I. 
Mid-rise apartment.
[Added 1-29-2013 by Ord. No. 2013-420]
Permitted accessory uses shall be as follows:
A. 
Accessory use specifically permitted under § 190-211C.**
B. 
Residential accessory use or structure** (see list of uses included in this term in § 190-211).
C. 
Accessory use and structure which are clearly customarily incidental to a permitted principal use.**
D. 
Accessory outdoor and indoor recreational facility that is clearly intended to be used predominantly and almost exclusively by residents of the development within which it is integrated.
E. 
Home occupation, light.**
F. 
Unit for care of relative.**
NOTES:
*See additional requirements and standards in § 190-210.
**See additional requirements and standards in § 190-211.
Area and bulk regulations for uses other than townhouses, low-rise (garden) apartments, mid-rise apartments, life care centers and offices as principal uses shall be as follows:
A. 
Density, lot width and lot depth.
Minimum Lot Width 2
Type
Minimum Lot Area
(sq. ft.)
Minimum Tract Size per Building
(sq. ft.)
At Setback Line
(feet)
At Edge of Existing Right-of-Way
(feet)
Minimum Lot Depth
(feet)
Single-family detached dwelling and individual mobile homes
With public sewer service
[Amended 2-15-2000 by Ord. No. 282]
12,000
12,000
601
401
100
Without public sewer service
43,5601
43,5601
1001
401
200
Single-family semidetached dwelling, two-family detached dwelling or two-family semidetached dwelling
6,0001
12,000
451
401
100
All other principal uses (unless larger lot requirements stated elsewhere)
15,000
15,000
60
40
100
NOTES:
1 Per dwelling unit.
2 Except as required by § 190-53H.
B. 
Lot coverage: 30% maximum for all buildings and 70% maximum impervious coverage. A minimum of 30% of the lot area shall be landscaped.
C. 
Front yard setback.
(1) 
Fronting major arterial streets: not permitted.
(2) 
Fronting minor arterial streets: 50 feet minimum.
(3) 
Fronting collector streets: 40 feet minimum.
(4) 
Fronting local streets: 30 feet minimum.
(5) 
In the case where a property's front yard does not abut a public street, the front yard setback shall be no less than 25 feet.
D. 
Side yard setback.
(1) 
Principal uses. There shall be two side yards with an aggregate width of not less than 16 feet and the width of the narrower side yard shall be not less than eight feet.
(2) 
Accessory uses: five feet.
(3) 
Corner lot. See § 190-194.
E. 
Rear yard setback.
(1) 
Principal uses: 30 feet minimum, except as provided in Subsection E(3) below.
(2) 
Accessory uses: five feet minimum.
(3) 
Raised open wood deck attached to principal use: 20 feet minimum.
F. 
Height: 2 1/2 stories or 35 feet, whichever is more restrictive, except as is specifically permitted for mid-rise apartments.
G. 
Building setback from major arterial streets (expressways).
(1) 
Buildings including one or more dwelling units shall be setback a minimum of 150 feet from the existing right-of-way line of any major arterial street, except as below.
(2) 
As a special exception use, if a use including one or more dwelling units includes a landscaped earth berm of appropriate height and design to deflect noise from the highway, and if such berm will be located between the major arterial street and the principal structure, then the minimum building setback shall be reduced to 60 feet from the existing right-of-way of the major arterial street.
(3) 
Major arterial streets include U.S. Route 22 and PA Route 33.
H. 
Lot widths along minor arterial and major collector streets. The following shall be required for any lot created or resubdivided after the adoption of this ordinance:
(1) 
Any use or uses on a lot created after the adoption of this ordinance having its own direct vehicular access onto a minor arterial street shall have a minimum lot width of 200 feet at the edge of the existing right-of-way.
(2) 
Any use or uses on a lot created after the adoption of this ordinance having its own direct vehicular access onto a major collector street shall have a minimum lot width of 130 feet at the edge of the existing right-of-way.
Area and bulk regulations for townhouse and low-rise (garden) apartment dwellings shall be as follows:
A. 
Terms. For the purpose of this section, the term "apartments" shall refer to low-rise apartment uses.
B. 
Minimum tract area. Townhouses and low-rise apartments shall have a minimum tract area of 21,000 square feet.
C. 
Vehicular parking setback. See § 190-168G. Off-street parking shall not be permitted within the front yard area of a lot and shall be located to the rear or side of the principal structure. No off-street parking areas shall be permitted between the principal structure and the public street. However, where the applicant can demonstrate, upon review by the Planning Commission and approval as a conditional use by the Board of Supervisors, that garages and parking oriented to the front of the unit or structure will not extend beyond the width of the garage doors or become a prominent portion of the front yard, such parking may be permitted.
[Amended 2-15-2000 by Ord. No. 282]
D. 
Principal building separation. All principal buildings shall be separated from any other principal building by a minimum of 30 feet and a minimum average of 40 feet. A building may include multiple dwelling units.
E. 
Maximum density.
(1) 
Site capacity calculation. The maximum total density of a townhouse or a low-rise (garden) apartment development shall be determined as follows. If an area of land would have more than one characteristic stated in Subsection E(1)(b) through (g) below, it shall only be deleted once. All land areas shall be stated in hundredths of an acre.
[Amended 1-29-2013 by Ord. No. 2013-420]
(a) 
The total lot area of all lots within the tract, not including existing rights-of-way of existing public streets.
= _______ acres
(b) 
Delete future rights-of-way abutting existing public streets that are required to be dedicated.
- _______ acres
Areas voluntarily dedicated for an improvement to a public street that are not required by PennDOT or the Township but that the Board of Supervisors determines will serve a substantial public need are not required to be deleted from the buildable area of the tract.
Rights-of-way of proposed streets are not required to be deleted from the buildable area of the tract, except as specified above.
(c) 
Delete areas of more than 1,000 square feet with existing natural slopes of 15% or greater.
- _______ acres
(d) 
Delete areas within the one-hundred-year floodplain, according to official FEMA/FIA maps or a detailed study using accepted hydraulic modeling techniques which meets all requirements listed in § 190-154H(4).
- _______ acres
(e) 
Delete areas proposed to be used for any principal uses other than low-rise (garden) apartments, townhouses or common open space.
- _______ acres
(f) 
Delete areas to be dedicated to the Township as public open space.
- _______ acres
(g) 
Delete areas within existing surface utility or stormwater rights-of-way or casements, such as overhead electric transmission rights-of-way, existing stormwater management facilities and/or drainage swales. Existing underground utility and drainage easements are not required to be deleted from the buildable area of the tract.
- _______ acres
____________________
(h) 
Equals the "buildable area of the tract."
= _______ acres
(i) 
To determine the maximum total permitted number of new and existing townhouse or low-rise (garden) apartment dwelling units permitted within the tract, multiply the buildable area of the tract by the following:
[1] 
Low-rise (garden) apartment density: nine dwelling units per acre of buildable area of the tract.
= _________
permitted dwelling units
[2] 
Townhouse density: six dwelling units per acre of buildable area of the tract
= _________
permitted dwelling units
(2) 
Flexibility in placement. The total number of dwelling units allowed on the tract may be placed at any appropriate locations within the buildable area of the tract within the setback and other provisions of this ordinance. However, no single acre of land shall include more than 12 dwelling units, once streets and dedicated common open space are deleted from the lot area.
(3) 
In calculating the allowable overall density, land which is capable of further development or subdivision for additional dwellings shall not be counted unless the possibility of such development or subdivision is precluded by one of the following methods:
(a) 
Deed restriction or agreement in form acceptable to the Township Solicitor and duly recorded in the Office of the Recorder of Deeds of Northampton County.
(b) 
Transfer of development rights to the Township.
(c) 
Dedication for public purposes or permanent open space to serve the development.
(4) 
Condominiums and lots. The division of land into individual lots is not required. This allows the development of condominium garden apartments and townhouses. However, any condominium development or conversion to condominium ownership shall follow the requirements and processes of the Township Subdivision and Land Development Ordinance.
(5) 
Condominiums and streets. In any development of or conversion to condominiums, the Township shall reserve the right to require all roads and major driveways to be constructed or improved to Township standards and dedicated to the Township. The responsibility of maintaining interior roads and major driveways should not be given to a homeowner association, unless there are adequate safeguards.
F. 
Maximum height. Maximum building height shall be 35 feet or 2.5 stories, whichever is more restrictive, except that as a conditional use the Board of Supervisors may allow up to 3.5 stories or 48 feet for low-rise/garden apartments to allow excellence in architectural design or to make an allowance for unusual topography. Pitched roofs with a slope of five inches vertical for every 12 inches horizontal or greater and variations in rooflines of structures are strongly encouraged for the purpose of variety.
[Amended 12-29-2009 by Ord. No. 2009-389]
G. 
Buffer yard. A buffer yard with screening shall be required, as described in § 190-194D, between any townhouse or low-rise apartment principal building and any abutting existing single-family detached dwelling that would be within 120 feet of a low-rise apartment or townhouse building. The buffer yard shall be the responsibility of the developer of the townhouses or low-rise apartments.
H. 
Accessory uses and structures.
(1) 
The accessory use provisions of §§ 190-52 and 190-211 shall apply.
(2) 
The intent is to carefully avoid incompatible structures in a high density environment.
(3) 
Garages or carports for the storage of private automobiles are a permitted by right accessory use, provided that such structures are architecturally compatible with the principal buildings.
(4) 
The developer shall state whether any deed restrictions or similar restrictions will be established to control the design of any detached accessory buildings and fences. Such controls are strongly encouraged.
(5) 
Accessory structures may be placed a minimum of one foot from the lot line along which dwellings are attached. Fences may be located on a lot line.
I. 
Homeowners' and/or condominium agreements. If any dwelling units are to be sold under homeowners' and/or condominium agreements, such agreements or documents shall be reviewed by the Township Solicitor and approved by the Board of Supervisors prior to recording and filed with the subdivision or land development plan. It is strongly recommended that any such agreements include restrictions requiring any fencing or garages to be compatible with the overall design.
J. 
Maximum impervious coverage shall be 70%, based upon the entire tract. For the purpose of this section, active recreational facilities such as tennis or basketball courts shall not be limited by the maximum impervious coverage regulation. However, such areas shall still be considered impervious for the purposes of managing stormwater runoff.
K. 
Maximum length of building. The maximum length of a townhouse or low-rise apartment building shall be 160 feet, with no more than four dwelling units attached. As used in this section, "building length" means the horizontal measurement of any building length from any one end to any other end, without regard to offsets but without including diagonal measurements. As a conditional use, upon review by the Planning Commission and approval by the Board of Supervisors, the maximum length of the building may be extended to accommodate up to eight units attached, provided the applicant demonstrates excellence in design. At a minimum, factors to be incorporated into design include articulation in roofline and pitch, the use of dormers or other similar features, and alternating facade materials (e.g., stone, brick, and wood). Also, a minimum of 50% of all dwellings shall have a front entrance articulated with a covered porch entry. The size of the front porch shall be a minimum of five feet deep from the front wall of the dwelling to the enclosing porch rail and ten feet long. The applicant may provide an alternative design as part of the conditional use application that meets the intent of this standard.
[Amended 2-15-2000 by Ord. No. 282]
L. 
Changes in facade. No more than two adjacent townhouses in any townhouse building shall have the same front wall plane. The minimum variation or offset of the front wall plane shall be two feet. A visual structural break in the roofline or front facade shall be provided between every two townhouse units.
[Amended 2-15-2000 by Ord. No. 282; 12-29-2009 by Ord. No. 2009-389]
M. 
External property line building setback. Townhouse and low-rise apartment buildings and their permitted accessory structures shall be setback from all exterior lot lines of a tract a minimum distance of 30 feet, except a minimum distance of 80 feet shall be required from the lot line of an existing single-family detached dwelling.
N. 
Building setback from public or private streets. All principal and accessory buildings and carports of townhouse and low-rise apartment buildings shall have a minimum of 10 feet setback from the street right-of-way line of proposed and existing streets where parking is located to the rear or side of the principal structure. Where parking is proposed to be located to the front of the principal building, the front yard setback shall be a minimum of 30 feet from the street right-of-way line of proposed and existing streets. If right-of-way is not established for a street, then setbacks shall be measured from the edge of the cartway.
[Amended 2-15-2000 by Ord. No. 282]
O. 
Minimum width of townhouses. Each townhouse dwelling unit shall have a minimum width of 20 feet, except that a minimum width of 26 feet shall apply if garage doors for two or more vehicles open onto the front of a townhouse.
P. 
Minimum private area. For each townhouse, there shall be a yard immediately adjacent to the front and back of the unit and including the side for end units. Each dwelling shall be provided an area of not less than 200 square feet for the exclusive use of the occupants of that dwelling. Within the yard area described above, a balcony, patio, porch, deck or other similar outdoor area shall be provided for each dwelling. If a development is subdivided into lots, the same private area requirement shall apply in determining the minimum size of the lot; however, the minimum lot area shall not be less than 3,000 square feet. Design measures shall be used to seek an appropriate level of privacy in any rear yards. Such measures might include landscaped screening, compatible fencing and earth berming. The intent is to avoid the placement of incompatible fencing by individual lot owners in the future. If a townhouse includes an individual fee-simple lot of over 1,200 square feet, then such private area is not required to be specifically designated on plans. Apartments shall provide a terrace, recessed inside the exterior building wall of the dwelling, for units above the first level.
[Amended 2-15-2000 by Ord. No. 282]
Q. 
Minimum recreation and open space land. See Article X of the Subdivision and Land Development Ordinance.
R. 
Open space maintenance. See Article X of the Subdivision and Land Development Ordinance.
S. 
Private streets. All interior streets and accessways serving more than five dwelling units but not including parking courts shall be built to Township construction standards for public streets, regardless of whether the streets or accessways will be dedicated to the Township. However, the Board of Supervisors may allow widths of a cartway and a right-of-way of any private street or accessway to be narrower than is required for a public street, provided that a private street providing direct or indirect access to 20 or more dwellings shall have a minimum width of 24 feet and garages, carports or parking areas are located to the side or rear of the principal structure.
[Amended 2-15-2000 by Ord. No. 282]
T. 
Architectural renderings required. Preliminary architectural renderings shall be required of the front facades of any low-rise apartment or townhouse development of more than 10 units.
[Amended 2-15-2000 by Ord. No. 282]
U. 
Preservation of natural buffers. See § 190-194D(3)(c).
V. 
Architectural variety. A variety of complimentary designs are encouraged among clusters of buildings within larger developments. Extreme changes of facades among attached townhouse units are discouraged.
W. 
Garages. Any townhouses shall be designed so that garages and/or carports are not an overly prominent part of the view from public streets. For this reason, parking courts and combined garage or carport structures are encouraged instead of individual garages, especially for narrow townhouse units. If garages are provided, they should be located to the rear of the structures, with a common driveway system, provided that adequate provision is made for maintenance through a homeowners' association.
[Amended 2-15-2000 by Ord. No. 282; 12-17-2001 by Ord. No. 2001-311]
X. 
Mailboxes. Due to the density and compact design of apartment and townhouse developments, mailboxes should be located either on the facade of the dwelling unit (where permitted by the United States Postal Service) or within a common kiosk or enclosed structure. Individual freestanding mailboxes at the curbside are discouraged.
[Amended 2-15-2000 by Ord. No. 282]
Y. 
Trash bins. Common trash receptacles shall be provided in locations that are convenient for residents and for collection. Trash dumpsters and similar facilities shall he completely enclosed within a decorative masonry or wood fence, at least six feet in height, on three sides, maintaining 100% visual blockage on three sides and a self-closing gate on the fourth side. These areas shall be screened from view of streets and dwellings.
[Amended 2-15-2000 by Ord. No. 282]
Z. 
Access. Vehicular access points onto all minor arterial and collector streets shall be minimized to the lowest number possible.
AA. 
Visitor/overflow parking areas.
[Added 2-15-2000 by Ord. No. 282[1]]
(1) 
Design. Off-street parking area(s) shall be provided at a rate of 0.25 space per dwelling unit. The off-street parking area(s) shall be provided in addition to the minimum off-street parking spaces required for each individual dwelling unit. The visitor/overflow parking areas shall be located not greater than 300 feet from any given dwelling. Off-street parking areas shall not be located between the public street and the principal building. Such parking areas shall be located to the side or rear of the principal structure and in pods of not more than 20 spaces. Each parking area shall be screened from view from the public right-of-way with a four-foot decorative masonry fence or evergreen hedgerow, or a combination of both. The parking areas shall contain internal landscaping. At a minimum, terminal islands shall be installed at both ends of a single unbroken row of parking. Terminal islands shall be a minimum of 15 feet in length and minimum of 10 feet in width. Each terminal island shall be landscaped with a minimum of one shade tree, and grass or a vegetative ground cover. In addition, a landscaped divider strip shall be provided to connect the terminal islands. The divider strip shall be a minimum of seven feet in width and be planted with a minimum of one shade tree every 30 feet on center and grass or a vegetative ground cover. These areas shall not be used to meet the standard parking requirements.
(2) 
Use. Boats, campers, trailers and other recreational vehicles shall be prohibited from said parking areas.
[1]
Editor's Note: This ordinance also provided for the repeal of former Subsection AA, Density bonuses.
BB. 
Setback from industrial zoning districts. All buildings including one or more dwelling units shall have a minimum setback of 100 feet from the boundary of any HI, LI, PIC or PO/IP District boundary. If a public street is the zoning boundary, such setback shall be measured from the center line of the street.
[Amended 11-13-1995 by Ord. No. 261; 12-17-2001 by Ord. No. 2001-311; 1-29-2013 by Ord. No. 2013-420]
(1) 
In the case of a conditional use application for a traditional village (pursuant to § 190-224 et seq.), the Board of Supervisors may consider allowing, as an additional conditional use, the minimum setback to be reduced to 50 feet, provided that a minimum forty-foot-wide buffer yard with screening, as described in § 190-194D, shall be required between any newly developed townhouse, low-rise/garden apartment and/or mid-rise apartment principal use and any abutting industrial zoning district or existing principal industrial use.
CC. 
Front yard landscaping. All townhouse dwelling units shall have a clearly defined front yard using landscaping, hedging, fencing or a brick or stone wall, none of which shall exceed three feet in height. Front yards of low-rise apartments, attached duplexes or townhouses may be unified into one common yard treated as a single yard for the entire building.
[Added 2-15-2000 by Ord. No. 282]
Area and bulk regulations for offices as principal uses shall be as follows:
A. 
Minimum lot area: 12,000 square feet.
B. 
Lot width: a minimum of 120 feet at the building setback line, except a minimum of 200 feet for any use having direct individual vehicular access onto a minor arterial road.
C. 
Lot depth: a minimum of 100 feet.
D. 
Lot coverage: a maximum of 25% for buildings and 65% total impervious coverage.
E. 
Front yard setback.
(1) 
Fronting major arterial streets: not permitted.
(2) 
Fronting minor arterial streets: 50 feet minimum.
(3) 
Fronting collector streets: 40 feet minimum.
(4) 
Fronting local streets: 30 feet minimum.
F. 
Side yard setback. There shall be two side yards, each with a minimum width of 25 feet.
G. 
Rear yard setback: a minimum of 50 feet.
H. 
Parking lot setback. All parking spaces shall be set back a minimum of 10 feet from all buildings, except for garage or carport entrances and buildings raised to allow parking beneath the structure.
I. 
Height: 2 1/2 stories or 35 feet, whichever is more restrictive.
J. 
Parking. Wherever reasonable, especially in conversions of residences to offices, the bulk of off-street parking shall be located to the rear of the structure. Wherever reasonable in conversions of residences to offices, the front yard shall maintain a residential appearance.
K. 
Maximum square footage. No office use or building within an HDR District shall have a total floor area of greater than 4,000 square feet.
L. 
Location: shall be located abutting a street designated as a collector or minor arterial street.
Area and bulk regulations for a mid-rise apartment building shall be as follows:
A. 
Height: a maximum of six stories or 72 feet, whichever is more restrictive.
B. 
Minimum tract area: 10 acres.
C. 
Building setback. The minimum principal building setback shall be:
(1) 
Three hundred feet from all lot lines of existing single-family detached dwellings or single-family semidetached dwellings or lot lines of less than one acre approved for such dwellings.
(2) 
One hundred feet from any future right-of-way of an existing street.
(3) 
Seventy-five feet from any other lot lines.
D. 
Maximum density: a maximum density of nine dwelling units per acre.
[Amended 1-29-2013 by Ord. No. 2013-420]
E. 
Additional standards. The following sections shall also apply to a mid-rise apartment building: § 190-54G, I, J, Q, R, S, T, U, Y, Z, AA and BB.
[Amended 1-29-2013 by Ord. No. 2013-420]
For off-street parking, see Article XVII. For signs, see Article XVIII. For uses other than townhouses, see the construction area regulations of § 190-150. For flood-prone areas, see §§ 190-151 and 190-154.
See § 190-201 regarding whether a zoning site plan submittal is required.