Within any Residential District listed in this article, no building, structure, lot or land shall be used for other than one or more of the permitted or accessory uses listed in said district, except as provided for nonconforming uses and nonconforming buildings in §
108-28.
No building or structure shall be erected to a height in excess of the maximum allowable height in said district, except as provided in supplemental use and building regulations in §
108-24D(1).
In order to assure that certain land use proposals, specified in this article, do not negatively impact the Borough as a result of the site layout, the grant of a building permit is conditioned upon the approval of the site plan by the Borough Planning Commission under the provisions of this section. This procedure shall apply only when the use is a permitted one. When the use is a special exception, the procedures of §
108-36 shall apply.
A. Procedure. The applicant shall submit four sets of
the site plans to the Zoning Officer when making application for the
building permit. The plan shall include the following information:
(1) A statement as to the proposed use of the building
or land.
(2) A site layout drawn to a scale of not less than one
inch equals 50 feet showing the location, dimensions and height of
proposed buildings, structures or uses and any existing buildings
in relation to property and street lines. If the application relates
to property which is scheduled to be developed in successive stages,
such plans shall show the relationship of the portion scheduled for
initial development to the proposed layout of the entire property.
(3) The location, dimensions and arrangements of all open
spaces and yards and buffer yards, including methods to be employed
for screening.
(4) The location, size, arrangement and capacity of all
areas to be used for motor vehicle access, off-street parking, off-street
loading and unloading and provisions to be made for lighting such
areas.
(5) The dimensions, location and methods of illumination
for signs if applicable.
(6) The location and dimensions of sidewalks and all other
areas to be devoted to pedestrian use.
(7) Provisions to be made for treatment and disposal of
sewage and industrial wastes, water supply and storm drainage.
(8) The capacity and arrangement of all buildings used
or intended to be used for dwelling purposes, including the proposed
density.
(9) A description of any proposed industrial or commercial
operations in sufficient detail to indicate effects of those operations
in producing noise, glare, air pollution, water pollution, fire hazards,
traffic congestion or other safety hazards.
(10)
Description of methods to be employed in controlling
any excess noise, air pollution, smoke, fumes, water pollution, fire
hazards or other safety hazards.
(11)
The bounds of any easements of record at the
Northampton County Recorder of Deeds Office.
(12)
Any other data deemed necessary by the Zoning
Officer to enable him to determine the compliance of the proposed
development with the terms of this chapter.
B. The Zoning Officer shall review the plans for conformance
to Borough zoning standards and submit the comments as well as a set
of the plans to the Borough Planning Commission and the Borough Engineer
within 10 working days.
C. Within 40 days of the receipt of the site plans from the Zoning Officer, the Planning Commission shall approve or disapprove the plans at a public meeting, based on the considerations contained in Subsection
G.
D. If the Planning Commission fails to act within the
required time period, the plans shall be deemed approved. This deemed
approval shall not take effect if the applicant, in writing, grants
the Planning Commission an extension of time.
E. If the plans are disapproved, the reasons for such
action shall be written on a set of plans, which shall then be returned
to the applicants.
F. The applicant may appeal an unfavorable decision to
the Court of Common Pleas of Northampton County.
G. Site plan review criteria. The Planning Commission
shall determine that the site makes adequate provision, where applicable,
for the following:
(1) Access facilities adequate for the estimated traffic
to and from the site so as to assure the public safety and to avoid
traffic congestion. Vehicular entrances and exits shall be clearly
visible from the street and not within 75 feet of a street intersection.
(2) Adequate collection and disposal of stormwater runoff
from the site.
(3) Adequate provision of space between buildings on the
lot and of setbacks from private drives, roads, streets or driveways,
if any, so as to assure ample light, air and usable open space in
the interest of public health, safety and general welfare. In no case
shall the distance between any two principal buildings on a lot be
less than the height of the higher of such two buildings. In no case
shall the width of a court be less than the height of the building.
(4) Lighting facilities adequate for the safety of pedestrian and vehicular traffic; however, no additional permanent exterior building illumination, other than specified for signs in §
108-27B shall be permitted.
(5) Adequate inclusion of plant material to provide effective planting screens where deemed advisable by the Planning Commission. A planting plan specifying type, size and location of existing and proposed plant material shall be required and approved by the Planning Commission prior to issuing a building permit, in accord with the requirements of §
108-19A(5).