A.
Purpose. The purpose of the R1 District is to recognize
and accommodate development at low densities in sections of the Borough
where single-family development has occurred. Zoning regulations are
designed to protect the character of the existing neighborhoods.
B.
Uses permitted. A building or structure may be erected
or altered to be used either in whole or in part and a lot may be
used or occupied for any one of the following uses and no other, provided
that every use, building, and structure shall comply with all applicable
regulations of this chapter, including yards, lot area, lot width,
building area and height, impervious surface, buffers, easements,
off-street parking, and other requirements as specified by this chapter.
(1)
(2)
Uses by special exception. The following uses shall be permitted by special exception only when authorized by the Zoning Hearing Board and when all conditions of Article IV, Use Regulations, are met.
C.
Area and dimensional requirements. All uses shall comply with the area and dimensional requirements listed in this section, unless a different area or dimensional requirement is stated in Article IV, Use Regulations, for the specific use, in which case the requirements of Article IV shall apply.
(1)
A.
Purpose. The purpose of the R2 District is to recognize
and accommodate development at low densities in sections of the Borough
where single-family development has occurred and where development
intensities and densities shall be low to protect critical natural
areas such as streams, slopes, woodlands and wetlands. Zoning regulations
are designed to protect the character of the existing neighborhoods.
B.
Uses permitted. A building or structure may be erected
or altered to be used either in whole or in part and a lot may be
used or occupied for any one of the following uses and no other, provided
that every use, building, and structure shall comply with all applicable
regulations of this chapter, including yards, lot area, lot width,
building area and height, impervious surface, buffers, easements,
off-street parking, and other requirements as specified by this chapter.
(1)
Uses by right.
(2)
Uses by special exception. The following uses shall be permitted by special exception only when authorized by the Zoning Hearing Board and when all conditions of Article IV, Use Regulations, are met.
C.
Area and dimensional requirements. All uses shall comply with the area and dimensional requirements listed in this section, unless a different area or dimensional requirement is stated in Article IV, Use Regulations, for the specific use, in which case the requirements of Article IV shall apply.
(1)
All permitted uses:
A.
Purpose. The purpose of the RB Borough Residential
District is to recognize and accommodate development outside of the
central core of the Borough and at densities typical of Borough development.
Zoning regulations are designed to protect the character of the existing
neighborhoods.
B.
Uses permitted. A building or structure may be erected
or altered to be used either in whole or in part and a lot may be
used or occupied for any one of the following uses and no other, provided
that every use, building, and structure shall comply with all applicable
regulations of this chapter, including yards, lot area, lot width,
building area and height, impervious surface, buffers, easements,
off-street parking, and other requirements as specified by this chapter.
(1)
Uses by right.
(2)
Uses by special exception. The following uses shall be permitted by special exception only when authorized by the Zoning Hearing Board and when all conditions of Article IV, Use Regulations, are met.
C.
Area and dimensional requirements. All uses shall comply with the area and dimensional requirements listed in this section, unless a different area or dimensional requirement is stated in Article IV, Use Regulations, for the specific use, in which case the requirements of Article IV shall apply.
(1)
(2)
(3)
(a)
Minimum lot area: 5,000 square feet.
(b)
Maximum impervious surface coverage: 30%.
(c)
Maximum building coverage: 25%.
(d)
Minimum lot width at street line: 50 feet.
(e)
Maximum building height: 35 feet.
[2]
Editor's Note: This ordinance also redesignated former Subsection
C(3) as Subsection C(4).
(4)
Other permitted uses:
A.
Purpose. The purpose of the RC Residential District
is to allow for residential and institutional development in a variety
of forms.
B.
Uses permitted. A building or structure may be erected
or altered to be used either in whole or in part and a lot may be
used or occupied for any one of the following uses and no other, provided
that every use, building, and structure shall comply with all applicable
regulations of this chapter, including yards, lot area, lot width,
building area and height, impervious surface, buffers, easements,
off-street parking, and other requirements as specified by this chapter.
(1)
Uses by right.
(2)
Uses by special exception. The following uses shall be permitted by special exception only when authorized by the Zoning Hearing Board and when all conditions of Article IV, Use Regulations, are met.
C.
Area and dimensional requirements. All uses shall comply with the area and dimensional requirements listed in this section, unless a different area or dimensional requirement is stated in Article IV, Use Regulations, for the specific use, in which case the requirements of Article IV shall apply.
(1)
(2)
(3)
(a)
Minimum lot area-dwelling unit: 2,000 square
feet per dwelling unit.
(b)
Minimum site area: 10 acres.
(c)
Maximum density: six dwelling units per acre.
(d)
Minimum open space required: 45%.
(e)
Maximum building coverage: 40%.
(f)
Maximum building height: 35 feet.
(g)
Maximum impervious surface ratio for site: 50%.
(h)
Minimum street frontage for site: 100 feet.
(4)
The use in § 275-14F, residential conversion:
(a)
Minimum site area: 20,000 square feet.
(b)
Minimum lot area: 6,500 square feet per dwelling
unit.
(c)
Maximum impervious surface ratio for site: 40%.
(d)
Maximum building coverage: 30%.
(e)
Maximum building height: 35 feet.
(f)
Minimum lot width: 60 feet.
(g)
Front yard setback: 25 feet.
(h)
Side yards: 10 feet.
(i)
Rear yard: 40 feet.
(j)
Maximum height: 35 feet.
(7)
All other permitted uses:
A.
Purpose. The purpose of the CC District is to allow
for a mix of residential and nonresidential uses which preserve historic
buildings; allow for nonresidential uses to serve the residents of
the Borough; allow for nonresidential uses for visitors and tourists
to enjoy; and control bulk and height to maintain the small Delaware
River town scale.
B.
Uses permitted. A building or structure may be erected
or altered to be used either in whole or in part and a lot may be
used or occupied for any one of the following uses and no other, provided
that every use, building, and structure shall comply with all applicable
regulations of this chapter, including yards, lot area, lot width,
building area and height, impervious surface, buffers, easements,
off-street parking, and other requirements as specified by this chapter.
(1)
(2)
Uses by special exception. The following uses shall be permitted by special exception only when authorized by the Zoning Hearing Board and when all conditions of Article IV, Use Regulations, are met.
(e)
(Intentionally left blank.)[1]
[1]
Editor's Note: Former Subsection B(2)(e),
which provided for inns as a use by special exception, added 8-8-2007 by Ord. No.
2007-09, was repealed 5-19-2020 by Ord. No. 2020-01. Former Subsection B(2)(f), which immediately followed and provided
for tents for commercial purposes as a use by special exception, added
8-8-2007 by Ord. No. 2007-09, was repealed 1-16-2009 by Ord. No. 2009-02.
C.
Area and dimensional requirements. All uses shall comply with the area and dimensional requirements listed in this section, unless a different area or dimensional requirement is stated in Article IV, Use Regulations, for the specific use, in which case the requirements of Article IV shall apply.
(1)
The use in § 275-14F, residential conversion:
(a)
Minimum site area: 4,000 square feet.
(b)
Minimum lot area per dwelling unit: 2,000 square
feet.
(c)
Maximum impervious surface coverage: 70%.
(d)
Maximum building coverage: 50%.
(e)
Minimum lot width at street line: 40 feet.
(f)
Maximum building height: 35 feet.
(h)
Build-to line (maximum setback): 15 feet.
(2)
The use in § 275-14G and all other permitted uses, except the use in § 275-17T, market:
[Amended 3-15-2016 by Ord. No. 2016-01]
(3)
The use in § 275-17T, market:
[Added 3-15-2016 by Ord.
No. 2016-01]
(a)
Minimum lot area: 0.5 acre.
(b)
Minimum floor area of building: 7,500 square feet.
(c)
Maximum floor area of building: 20,000 square feet.
(d)
Maximum impervious surface coverage: 70%.
(e)
Maximum building coverage: 70%.
(f)
Minimum lot width at street line: 40 feet.
(g)
Maximum building height: 35 feet.
(i)
Build-to-line (maximum setback): 15 feet.
A.
Purpose. The purpose of the HC District is to allow
for a mix of nonresidential uses that are appropriately located on
major roads in a manner that protects the Borough street system from
unsafe and congested conditions.
B.
Uses permitted. A building or structure may be erected
or altered to be used either in whole or in part and a lot may be
used or occupied for any one of the following uses and no other, provided
that every use, building, and structure shall comply with all applicable
regulations of this chapter, including yards, lot area, lot width,
building area and height, impervious surface, buffers, easements,
off-street parking, and other requirements as specified by this chapter.
(1)
(2)
Uses by special exception. The following uses shall be permitted by special exception only when authorized by the Zoning Hearing Board and when all conditions of Article IV, Use Regulations, are met.
(g)
The use in § 275-17E, restaurant with drive-through service.
[Added 8-8-2007 by Ord. No. 2007-09]
(h)
The use in § 275-17G, commercial recreation and entertainment.
[Added 8-8-2007 by Ord. No. 2007-09]
(i)
The use in § 275-17H, theater.
[Added 8-8-2007 by Ord. No. 2007-09;
amended 2-18-2014 by Ord. No. 2014-01]
(3)
Conditional uses. The following uses shall be permitted when authorized as a conditional use by the Borough Council and when all conditions of Article IV, Use Regulations, and Article XI, § 275-76, General conditions, are met.
(a)
[3]
Editor’s Note: Former Subsection B(3)(b) through (i), which immediately followed this subsection and permitted, respectively, restaurants, restaurants with drive-through service, commercial recreation and entertainment uses, theaters or clubs, inns, vehicle sales and service, tents for commercial purposes and takeout/drive-through windows as conditional uses was repealed 8-8-2007 by Ord. No. 2007-09. See now Subsection B(2)(f) through (m).
C.
Area and dimensional requirements. All uses shall comply with the area and dimensional requirements listed in this section, unless a different area or dimensional requirement is stated in Article IV, Use Regulations, for the specific use, in which case the requirements of Article IV shall apply.
A.
Purpose. The purpose of the SC District is to reflect
the existing shopping center development in the Borough and to limit
shopping-center-type development within this district.
B.
Uses permitted. A building or structure may be erected
or altered to be used either in whole or in part and a lot may be
used or occupied for any one of the following uses and no other, provided
that every use, building, and structure shall comply with all applicable
regulations of this chapter, including yards, lot area, lot width,
building area and height, impervious surface, buffers, easements,
off-street parking, and other requirements as specified by this chapter.
(1)
Uses by right.
(2)
C.
Area and dimensional requirements. All uses shall comply with the area and dimensional requirements listed in this section, unless a different area or dimensional requirement is stated in Article IV, Use Regulations, for the specific use, in which case the requirements of Article IV shall apply.
A.
The purpose of the Mixed Use District is to allow
for a traditional mix of residential and office-type uses outside
the center of the Borough, with standards to encourage a continuation
of Borough development patterns.
B.
Uses permitted. A building or structure may be erected
or altered to be used either in whole or in part and a lot may be
used or occupied for any one of the following uses and no other, provided
that every use, building, and structure shall comply with all applicable
regulations of this chapter including yards, lot area, lot width,
building area and height, impervious surface, buffers, easements,
off-street parking, and other requirements as specified by this chapter.
(1)
Uses by right.
(2)
Uses by special exception. The following uses shall be permitted by special exception only when authorized by the Zoning Hearing Board and when all conditions of Article IV, Use Regulations, are met.
C.
Area and dimensional requirements. All uses shall comply with the area and dimensional requirements listed in this section, unless a different area or dimensional requirement is stated in Article IV, Use Regulations, for the specific use, in which case the requirements of Article IV shall apply.
(1)
A.
Purpose. The purpose of the PRD District is to reflect
the existing development at Village II and Riverwoods.
B.
Uses permitted. A building or structure may be erected
or altered to be used either in whole or in part and a lot may be
used or occupied for any one of the following uses and no other, provided
that every use, building, and structure shall comply with all applicable
regulations of this chapter, including yards, lot area, lot width,
building area and height, impervious surface, buffers, easements,
off-street parking, and other requirements as specified by this chapter.
C.
Area and dimensional requirements. All uses shall comply with the area and dimensional requirements listed in this section, unless a different area or dimensional requirement is stated in Article IV, Use Regulations, for the specific use, in which case the requirements of Article IV shall apply.
(1)
The use in § 275-14M, planned residential development:
A.
Purpose. The purpose of the LI District is to allow
light industrial uses and development near the center of the Borough
and to reflect the redevelopment of Union Camp.
B.
Uses permitted. A building or structure may be erected
or altered to be used either in whole or in part and a lot may be
used or occupied for any one of the following uses and no other, provided
that every use, building, and structure shall comply with all applicable
regulations of this chapter, including yards, lot area, lot width,
building area and height, impervious surface, buffers, easements,
off-street parking, and other requirements as specified by this chapter.
(1)
Uses by right.
(2)
Uses by special exception. The following uses shall be permitted by special exception only when authorized by the Zoning Hearing Board and when all conditions of Article IV, Use Regulations, are met.
C.
Area and dimensional requirements. All uses shall comply with the area and dimensional requirements listed in this section, unless a different area or dimensional requirement is stated in Article IV, Use Regulations, for the specific use, in which case the requirements of Article IV shall apply.
A.
Purpose. The purpose of the LC District is to allow
limited commercial and residential uses in an area that is transitional
between residential and central commercial districts.
B.
Uses permitted. A building or structure may be erected
or altered to be used either in whole or in part and a lot may be
used or occupied for any of the following uses and no other, provided
that every use, building, and structure shall comply with all applicable
regulations of this chapter, including yards, lot area, lot width,
building area and height, impervious surface, buffers, easements,
off-street parking, and other requirements as specified by this chapter.
(1)
Uses by right.
(2)
Uses by special exception. The following uses shall be permitted by special exception only when authorized by the Zoning Hearing Board and when all conditions of Article IV, Use Regulations, are met.
C.
Area and dimensional requirements. All uses shall comply with the area and dimensional requirements listed in this section, unless a different area or dimensional requirement is stated in Article IV, Use Regulations, for the specific use, in which case the requirements of Article IV, shall apply.
(1)
(2)
[Added 2-18-2014 by Ord. No. 2014-01]
A.
Purpose. The primary purpose and intent of the Riverfront Cultural
District is to support and enhance downtown New Hope as the cultural
and historic center of New Hope Borough, with a focus on the Delaware
River. The design of the Riverfront Cultural District is to promote
the goals and objectives of the 2008 New Hope Borough Riverfront Revitalization
Strategic Plan, as amended, as adopted by Council. Those goals and
objectives include, but are not limited to:
(1)
The continued use of existing historic, cultural and entertainment
enterprises on properties within the zoning district;
(2)
The provision of permanent public access to the Delaware River
and adjoining parkland;
(3)
The revitalization of existing structures on properties with
frontage along the Delaware River;
(4)
The development of facilities that will support and complement
the cultural institutions within the zoning district; and
(5)
The development and redevelopment of land, either individually
or collectively, in support of the 2008 New Hope Borough Riverfront
Revitalization Strategic Plan, as amended.
B.
Overlay zoning district effect.
(1)
The Riverfront Cultural District is an overlay zone, designed to encourage the goals and objectives set forth in Subsection A. It provides an alternative set of regulations to those set forth in the primary zoning district classification established by this Zoning chapter.
(2)
Within the areas mapped as the Riverfront Cultural Zoning District,
a property may be used for any use permitted in either the Riverfront
Cultural Zoning District or the primary zoning district, but not both.
Not all uses permitted in the primary zoning district are permitted
in the Riverfront Cultural Zoning District, and vice versa. Not all
properties located within the Riverfront Cultural Zoning District
will meet the minimum requirements to conduct a use permitted in the
Riverfront Cultural Zoning District. Such properties will remain subject
to the regulations applicable to the primary zoning district classification,
and the Riverfront Cultural Zoning District regulations will have
no effect on such properties.
C.
Uses permitted. Subject to the requirements of this section, a building
or structure in the Riverfront Cultural District may be erected or
altered to be used either in whole or in part, and a lot may be used
or occupied for any one of the following uses and no other, provided
that every use, building and structure shall comply with all additional
applicable regulations of this chapter, including yards, lot area,
lot width, building area and height, impervious surface, buffers,
easements, off-street parking, and other requirements as specified
by this chapter.
D.
Additional use criteria; area and dimensional requirements.
(1)
Use in § 275-17H, theater.
(a)
In addition to performances, a theater use may be conducted
or be used for business meetings, educational programs, fund-raising
or community events, private events and receptions and other similar
activities.
(b)
Noise and sound; hours. The provisions of § 275-17H(2) shall not apply to the sound or noise, or the hours, of the activities conducted in connection with a theater use in the Riverfront Cultural District. The following shall apply:
[1]
Outdoor performances shall be conducted only in
an area of the property adjacent to the building's front facade, but
not in any area reserved for parking.
[2]
Nonperformance-type functions, such as community,
private or business events, may be conducted in any area of the property
except those areas reserved for parking.
[3]
All outdoor activities shall end no later than
the hours prescribed for the sale of liquor issued under a performing
arts facility license under the rules and regulations of the Pennsylvania
Liquor Control Board.
(c)
Eating activities. A theater use may serve food and beverages as an accessory use. The provisions of § 275-17H(1) shall not apply to the accessory beverage or eating activities conducted in connection with the theater use in the Riverfront Cultural District. The eating and beverage activities shall be subject to the following criteria:
[1]
Any outdoor eating area shall be limited to table or counter service only. There shall be no outdoor food or beverage preparation. Subject to Subsection D(1)(c)[7] below, there shall be no outdoor food or beverage service areas, such as bars, concession area(s) or similar service amenities.
[2]
The outdoor eating and beverage area may not occupy
a street right-of-way, sidewalk area or the required minimum width
of the promenade/riverwalk area.
[3]
The outdoor eating and beverage area may be covered
by a retractable and/or removable awning, umbrella, canopy, tent or
roof.
[4]
Any sale of alcohol shall be subject to the hours
and rules and regulations of the specific liquor license issued by
the Pennsylvania Liquor Control Board.
[5]
A specific accessory use/occupancy permit is required
for the eating and beverage activities. All requirements of the Bucks
County Health Department and the Pennsylvania Liquor Control Board
shall be met before issuance of a use/occupancy permit for the eating
and beverage activities.
[6]
The eating and beverage activities must be connected
to public water and public sanitary sewer facilities.
[7]
An outdoor bar and/or concession area shall be
permitted on a temporary basis if all the following criteria are met:
[a]
The theater use is being conducted in an existing
building or structure that is designated an historic structure (significant
resource) in the New Hope Borough Historic District.
[b]
The outdoor bar and/or concession area is used
in the front yard, is used only for the duration of a performance
or nonperformance event at the theater, and is limited to 215 square
feet.
[c]
If the outdoor bar and/or concession area is in
the rear yard, the owner and/or operator of the theater use must intend
to rehabilitate the historic structure and enclose the temporary outdoor
bar and/or concession area within one year from the effective date
of a revision to the floodplain map applicable to the property issued
by the Federal Emergency Management Agency.
[d]
The Borough Council may, upon conditional use approval,
extend the temporary outdoor bar and/or concession area in the rear
yard for additional periods of up to one-hundred-eighty-day increments,
provided that the owner and/or operator of the theater use is making
substantial progress in its efforts to secure a revision to the floodplain
map and its construction efforts to enclose the area.
[e]
The temporary outdoor bar and/or concession area shall meet the criteria applicable to outdoor service as set forth in this Subsection D(1)(c).
[f]
After the temporary outdoor bar and/or concession area in the rear yard is enclosed as required by this Subsection D(1)(c)[7], the restrictions contained in Subsection D(1)(c)[1] shall apply.
(d)
Area and dimensional requirements:
[1]
Minimum lot area: one acre.
[2]
Maximum impervious surface coverage: 75%.
[3]
Maximum building coverage: 50%.
[4]
Minimum lot width at the street line: 40 feet.
[5]
Maximum building height: 35 feet.
[6]
Minimum yards [subject to Subsection D(1)(d)[7] below]:
[7]
Where a yard abuts or contains a floodway, the
minimum yard shall be the greater of the floodway line or the applicable
yard setback.
(e)
Off-street parking. Subject to the provisions of this Subsection D(1)(e), all requirements of Article VIII, Off-Street Parking, of Chapter 275 of the Code shall be met for a theater use conducted in the Riverfront Cultural District. The Borough Council may, upon conditional use approval, reduce the number of off-street parking spaces required for a theater use and any accessory use conducted in connection with the theater use where the applicant demonstrates that no additional on-site parking can be provided.
[Amended 5-19-2020 by Ord. No. 2020-02]
(f)
Parking area; use size. To the extent located in the New Hope Borough Historic District, the restrictions set forth in § 275-46C(8)(c) and (e) shall not apply to a theater use conducted in the Riverfront Cultural District.
(2)
Use in § 275-17I, inn.
(a)
For purposes of the Riverfront Cultural District, an "inn" shall
mean a single building containing at least 12 rooms for rent for the
accommodation of transient guests, with permitted accessory activities
as described in this subsection.
(b)
An inn use conducted in the Riverfront Cultural District may contain a restaurant and/or village restaurant, with related bar/tavern areas, as an accessory use. Such restaurant use shall meet the criteria of § 275-17D or S, as applicable, of this chapter, except as follows:
[1]
An outdoor eating area that is part of the building
containing the inn use may be covered with a permanent roof; and if
such area is at least at or above the second story, such area may
project up to five feet beyond the building wall.
[2]
Outdoor eating areas not part of the building containing the inn use shall meet the applicable setbacks for the Riverfront Cultural District; provided, however, that the outdoor eating area may not occupy any area of a riverwalk/promenade required under Subsection E below to remain unobstructed.
(c)
An inn may also include, as accessory uses, conference rooms,
business meeting or private function rooms, retail shops, retail stores
and/or accessory offices in connection with the inn and its accessory
activities.
(d)
Area and dimensional requirements:
[1]
Minimum lot area: 20,000 square feet.
[2]
Maximum impervious surface coverage: 75%.
[3]
Maximum building coverage: 50%.
[4]
Minimum lot width at the street line: 40 feet.
[6]
Minimum yards [subject to Subsection D(2)(d)[7] below]:
[7]
Where a yard abuts or contains a floodway, the
minimum yard shall be the greater of the floodway line or the applicable
yard setback.
(e)
Building height. The architectural elements of a building or
structure not designed or used for occupancy which are included solely
for the purpose of enhancing the historic and cultural character of
the Riverfront Cultural District or which cover transient aspects/spaces
of the building (such as a stair tower) may exceed the 35 feet maximum
upon conditional use approval by Borough Council. The following specific
criteria shall be met:
[1]
Any projection exceeding 35 feet shall be measured
from the mean elevation of the finished grade at the street side of
the building or structure to the highest point on the projection.
[2]
Any projection exceeding 35 feet shall not exceed
the height of any existing structure in the Riverfront Cultural District
that is nonconforming with respect to height.
[3]
Any projection exceeding 35 feet shall be designed
to enhance the architectural and historic nature of the Riverfront
Cultural District.
[4]
Architectural drawings shall be submitted showing
in detail the design, materials and scale of the proposed projection.
Photo simulations of the proposed building shall be prepared to show
the impact on surrounding areas.
[5]
The area of the footprint of the projection exceeding
35 feet shall be no more than 10% of the footprint of the building
to which it is attached.
(f)
Off-street parking. All requirements of Article VIII, Off-Street Parking, of Chapter 275 of the Code shall be met for an inn use conducted in the Riverfront Cultural District. The Borough Council may, upon conditional use approval, reduce the number of off-street parking spaces required for an inn use and any accessory use conducted in connection with the inn use where the applicant demonstrates that no additional on-site parking can be provided.
[Amended 5-19-2020 by Ord. No. 2020-02]
(g)
Parking area; use size. To the extent located in the New Hope Borough Historic District, the restrictions set forth in § 275-46C(8)(c) and (e) shall not apply to an inn use conducted in the Riverfront Cultural District.
(3)
All other uses permitted in the Riverfront Cultural District
shall meet the area and dimensional requirements for such uses as
set forth in the CC Central Commercial Zoning District, except as
set forth below:
E.
Special Delaware River provisions.
(1)
Required riverwalk. If a property in the Riverfront Cultural District has frontage along the Delaware River, in order to conduct a use permitted in the Riverfront Cultural District, such property must provide a hard surface trail, promenade and/or riverwalk along the entire length of the riverfront frontage, in accordance with the provisions of this Subsection E. Where, upon the recommendation of the Borough Engineer, the property's physical characteristics do not permit strict compliance with the provisions of this Subsection E, such relevant dimensional requirement may be reduced or altered by Council upon conditional use approval.
(2)
Prior to the issuance of a building or other permit authorizing
construction activities for the required trail, promenade and/or riverwalk,
the required riverwalk shall be reviewed and approved by the New Hope
Borough Engineer for compliance with the applicable provisions of
the New Hope Borough Subdivision and Land Development Ordinance[2] and the provisions of this Subsection E.
(3)
The trail, promenade and/or riverwalk shall be subject to the
following criteria:
(a)
The trail, promenade and/or riverwalk shall be generally consistent
with the 2008 New Hope Borough Riverfront Revitalization Strategic
Plan, as amended.
(b)
The minimum width of the trail, promenade and/or riverwalk shall
be 10 feet. No portion of the promenade may be occupied by any vendor,
transient use or a use permitted in the Riverfront Cultural Overlay
District or in the underlying primary zoning district. The foregoing
restriction shall not be interpreted to prohibit use of the promenade
by artists, photographers or other similar crafts for short-term (e.g.,
daily) noncommercial events, provided that such short-term occupancy
does not block use of and access to and along the promenade by the
public.
(c)
Connections to the trail, promenade and/or riverwalk shall be
provided to any adjacent properties with frontage along the Delaware
River in the Riverfront Cultural District. Locations for permanent
access to the trail, promenade and/or riverwalk shall be provided.
(d)
The trail, promenade and/or riverwalk shall be located as close to the edge of the floodway of the Delaware River as possible, but in all cases shall comply with the provisions of § 275-43 of this chapter regarding floodplain regulations. The provisions of § 275-47 of this chapter shall not apply to the required trail, promenade and/or riverwalk.
(e)
The owner shall submit a maintenance and easement agreement,
in recordable form, to New Hope Borough for approval by the New Hope
Borough Solicitor. The maintenance and easement shall establish a
mechanism for permanent public access to the trail, maintenance and
repair of the trail, insurance and indemnity provisions, and other
customary provisions.
F.
Modification of special dimensional and resource protection standards.
(2)
Subsection B (regarding steep slopes), Subsection C (regarding woodlands) and Subsection F (regarding riparian buffer) of § 275-42 of this chapter may be modified upon conditional use approval by Borough Council, as necessary to accommodate the uses permitted and the riverwalk required in the Riverfront Cultural Overlay District.
