Township of Bethlehem, PA General Regulations

Every principal building shall be built upon a lot with frontage upon a public or private street improved to meet Township standards or for which such improvements have been insured by the posting of a performance guarantee pursuant to Chapter 230, Subdivision and Land Development.

Minimum width of frontage. For any single-family detached dwelling, single-family semidetached dwelling, institutional use or commercial or industrial use, a minimum frontage of 25 feet is required at the existing right-of-way of a public street or 20 feet at the cartway of a private street, unless a wider frontage is required by the regulations of a particular district. See provisions for flag lots in § 275-171B(9).

Two or more buildings on a lot. When two or more principal buildings involving two or more principal uses are permitted to exist on a lot:

Each principal building shall conform to all requirements of this chapter as if each building were on a separate lot.

The buildings shall conform to the standards, improvements and procedures required for a land development by Chapter 230, Subdivision and Land Development.

Multiple occupancy.

Occupancy of a principal commercial or industrial building by more than one use of similar type is specifically allowed, provided that all other requirements of this chapter are satisfied.

Each use within a multiple use building shall be required to apply for separate permits.

§ 275-170 Maximum height of buildings.

No building shall exceed the maximum building height standard specified in the relevant district regulations of this chapter, except that such standard shall not apply to farm silos, communications towers, amateur radio antenna, water towers, belfries or steeples of places of worship, electrical transmission lines, elevator shaft, windmills, chimneys or other appurtenances usually required to be and customarily placed above the roof level and not intended for human occupancy. For these exempted structures, the maximum height shall be 250 feet above the average surrounding ground level.

Height and aircraft. All uses are subject to any applicable regulations of the Federal Aviation Administration and the Pennsylvania Bureau of Aviation regulating the heights of structures within proximity of any airport. In addition, any structure designed to have a height of 150 feet or more above average surrounding ground level must present with the zoning permit application a written statement from the Federal Aviation Administration that the agency does not object.

§ 275-171 Special lot and yard requirements; sight distance and buffer yards.

General regulations.

The lot or yard requirements for any new building or use shall not include any part of a lot that is required by any other building or use to comply with the requirements of this chapter.

No required lot area or yard shall include any property (the ownership of which has been transferred subsequent to the effective date of this chapter), if such property was a part of the area required for compliance with the dimensional requirements applicable to the lot from which such transfer was made.

No part of yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter, shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.

Emergency access. All buildings shall have adequate provisions for access by emergency vehicles.

Setbacks not applicable. The accessory or principal setbacks of this chapter shall not apply to central air conditioning units for individual dwellings. See also exemptions for certain essential services in Article XX.

Accuracy. The applicant is responsible to make sure that all measurements submitted to the Township are accurate.

Exceptions to minimum lot areas, lot widths and yards.

Nonconforming lots. See § 275-176.

Through lots. Any lot having frontage on two approximately parallel streets shall provide a required front yard setback abutting each of these streets.

Corner lots. Setback areas equal to the minimum front yard setback shall be provided along all portions of a corner lot abutting any public street, except where the applicant can show that the provision of a smaller setback of a different yard will comply with the clearly prevailing yard pattern on existing developed adjoining lots.

Projections into required yards. Cornices, eaves, sills or other similar architectural features, exterior stairway, fire escape or other required means of egress, rain lead or chimney or other similar structures that do not include space usable by persons may extend or project into a required yard not more than three feet, except as may be required under a drainage or utility easement.

Septic systems. Nothing in this chapter shall prevent the Township Sewage Enforcement Officer from requiring a minimum lot size larger than what is stated in this chapter to carry out state sewage regulations.

Previously approved setbacks. Where a residential subdivision was granted final approval prior to the adoption of this chapter and the lawful setbacks in effect at such time are shown on the approved plans, those approved setbacks may apply in place of the setbacks in this chapter.

Front yards. In any residential zoning district where more than 75% of the residential block frontage has been improved prior to the effective date of this chapter with buildings having front yards of less depth than that required for the particular zoning district, then the required front yard setback may be decreased for such block to not less than the minimum of the majority of the buildings which existing prior to the effective date of this chapter. Once established, this minimum building setback shall be regarded as the front setback for that block and maintained as such.

Decks and porches. See exceptions in § 275-190D(5), Decks and patios, and in the definition of "yard, front" in § 275-24.

Flag lots.

Definition. A "flag lot" is a lot which does not meet the minimum lot width of this chapter at the minimum building setback line, but which still includes its own lot frontage upon a street.

A lot approved as a flag lot shall meet the minimum lot width requirement at the proposed front yard building setback line, instead of the minimum building setback line. The minimum front yard shall be measured at a point where the lot significantly widens from the width of the "pole" portion of the lot.

A flag lot shall not be created from an existing lot of less than two acres. A maximum of one flag lot may be created from an existing lot of two to 20 acres. A maximum of two flag lots may be created from an existing lot of over 20 acres.

A flag lot shall have a minimum of 25 feet of frontage along a public street, measured at the street right-of-way line. The "pole" portion of the lot shall be in fee-simple ownership with the remainder of the flag lot.

The flag lot shall have its own driveway to reach a public street.

The flag lot shall only include one single-family detached dwelling and its permitted accessory uses.

(g)

Any portion of a flag lot that has a minimum width of less than 40 feet shall not count towards the minimum lot area.

(h)

As a condition of subdivision approval, the Board of Commissioners may require that a fifty-foot minimum width of the "pole" portion of the lot be established to provide for the right-of-way of any future local street extension if such street may be necessary in the future to provide access to the interior of a tract of land.

Sight distance at intersections.

Sight lines at intersection of streets.

Intent: to ensure that traffic passing through an intersection or turning onto a street can safely see oncoming traffic.

A triangular area as defined in Subsection C(1)(d) shall be graded and shall be kept free of sight obstructions, including fences, so that vision between the ground level and a height of 10 feet above the center line grades of the intersecting streets is not obscured, within the triangular area defined in Subsection C(1)(d).

This sight distance shall be protected by a deed restriction, lease restriction or plan amendment (whichever method is applicable).

Such triangular area shall be bounded by the intersecting street center lines and a diagonal connecting two points, one which is at each end of the center line of each street:

One hundred fifty feet from the intersection of such street center lines, if either street is an arterial street.

One hundred feet from the intersection of such street center line, if either street is a collector or connector street.

Seventy-five feet from the intersection of such street center lines, if both streets are local streets.

Along a specific street or driveway intersection where clear site distance is required by a PennDOT highway occupancy permit, the Township may require an alternate sight distance triangle that is generally based upon such PennDOT sight distance criteria.

Sight lines at intersections of driveways or access drives with streets.

A triangular area as defined in Subsection C(2)(b) shall be graded and shall be free of sight obstructions, including fences, and vegetation so that vision between the ground level and a height of 10 feet above the center line grades of a driveway or access drive intersecting with a street is not obscured within the triangular area defined in Subsection C(2)(b).

This sight distance shall be protected by a deed restriction, lease restriction or plan amendment (whichever method is applicable).

Such triangular area shall be bounded by the intersecting driveway, access drive or street center lines and a diagonal connecting two points, one which is at a set point along the center line of each driveway, access drive or street.

As seen in the illustration below, this set point shall be 30 feet from the intersection of the center lines along the driveway or accessway and a point the following distance from the intersection center lines along the street:

Thirty-five feet for a driveway serving only one dwelling unit.

Seventy-five feet for any other driveway or access drive.

Buffer yards. Buffer yards with plant screening complying with the following standards shall be required under the following situations:

Width and locations. Buffer yards shall be required in the following situations:

Provided By the Following Use:	When the Use Providing the Screening and Buffer is:	Width of Required Buffer Yard (feet)
Any newly developed or expanded principal industrial use or any industrial storage or loading area.	Abutting a residential district or within 250 feet of an existing dwelling	50
Any newly developed or expanded principal commercial use or dormitory or college or university building.	Abutting a residential district or within 250 feet of an existing dwelling	30
Any newly developed or expanded industrial outdoor storage or area routinely used for the parking of 4 or more tractor-trailers.	Abutting the existing right-of-way of an expressway, arterial or connector street	20, unless such area would be completely screened from view of such streets by buildings
Any use required to provide a buffer yard under another section of this chapter.		20, unless stated otherwise

Location.

The buffer yard shall be measured from the district boundary line, existing street right-of-way line or lot line, whichever is applicable.

Buffer yards shall not be within an existing street right-of-way and shall be in addition to that right-of-way.

The buffer yard may include areas with a required front, side or rear yard, provided the larger yard requirement shall apply in case of conflict.

Buffer yards shall not be required where an existing expressway exists between a residential and a business district.

On a corner lot, a buffer yard shall not be required along the more heavily traveled of the two streets.

Characteristics.

The buffer yard shall be a landscaped area free of structures, dumpsters, commercial or industrial storage or display, manufacturing or processing activity, materials, loading and unloading areas or vehicular parking. No new driveways or streets shall be permitted in the buffer yards except at points of approximately perpendicular ingress or egress. One conforming freestanding sign may be located in a buffer yard in a front yard, provided such sign complies with the sight distance requirements of Subsection C.

Maintenance. In all buffer yards, all areas not within the planting screen shall be planted with grass seed, sod or ground cover and shall be maintained and kept clean of all debris, rubbish, grass more than eight inches in height or weeds.

Preservation of existing vegetation or slopes. Where a buffer yard would be required and an existing tree line, thick vegetation or steep slopes presently serves as a natural buffer, this buffer shall be maintained for the width required under Subsection D(1). See also § 275-138. If this requirement is violated, the applicant shall be required to plant a buffer yard that will be closely similar in effect, density and character to the buffer yard that was removed.

Waiver. The Board of Commissioners, considering advice of the Planning Commission, may waive or modify buffer yard and plant screening requirements where the applicant proves that:

A substantial natural berm or slope or dense vegetation will be maintained and will be substantial enough to meet the buffer provisions of this section; or

Topographic conditions or the creation of berms by the developer would clearly relieve the need and cause for screening; or

Where owing to existing building, yard setback and lot depth conditions, the provisions for screening would create a hardship or is deemed impossible, then a seven-foot high solid wooden fence or decorative masonry wall may be permitted in place of the evergreen screening. As part of any such application, the applicant shall describe in writing the design and materials to be used, which shall be subject to approval by the Township.

Fence. Any fence that may be constructed shall be on the inside of any required evergreen screening.

Plant screen.

Each buffer yard shall include a planting screen of evergreen (as opposed to deciduous) trees or shrubs extending the full length of the lot line to serve as a barrier to visibility, airborne particles, glare and noise.

Each planting screen shall be in accordance with the following requirements:

Required plant materials shall have a minimum height when planted of four feet.

Plant materials used in the planting screen shall be of such species, spacing and size as can reasonably be expected to produce, within four years, a 90% solid year-round visual screen of at least six feet in height.

The planting screen shall be permanently maintained by the landowner and any plant material that is not alive one year after planting shall be replaced.

The planting screen shall be so placed that at maturity it will be at least three feet from any street or property line.

[5]

The planting screen shall be broken only at points of vehicular or pedestrian access and shall comply with the sight distance requirements of Subsection C.

[6]

A relatively naturalistic arrangement is encouraged, as opposed to rigid straight lines. Likewise, a mix of species is strongly encouraged.

[7]

Plants likely to grow substantially in diameter shall be planted in two or more rows or offsets if needed to allow space for future growth.

See provisions for flexibility in species and design in § 275-172D.

Buffer yard plans.

Prior to the issuance of a construction permit where a buffer yard would be required, the applicant shall submit plans showing:

The location and arrangement of each buffer yard;

The placement, species and size of all plant materials; and

The placement, size, materials and type of all fences to be placed in such buffer yard.

The Zoning Officer shall review such plans to determine that the plans are in conformance with the terms of this chapter.

Species of plants in buffer yards.

Trees and shrubs needed to form a required visual screen shall be of the following or closely related species, unless the applicant proves to the satisfaction of the Board of Commissioners, Planning Commission or Zoning Officer that a substitution would be appropriate. A required visual screen shall primarily include evergreen plants. Leafy deciduous plants may be selectively used provided that their use does not result in significant visual openings during the winter. If more than 20 plants are needed, then a maximum of 40% of such plants shall be of any one species.

Abies. All varieties of firs.

Buxus. All varieties of boxwood.

Caragana arborescens. Siberian pea shrub.

Chaenomeles Japonica. Flowering quince.

[5]

Cornus. All varieties of dogwood.

[6]

Cotoneaster divaricata. Spreading or upright cotoneaster.

[7]

Crataegus crusgalli. Cockspur thorn.

[8]

Crataegus phaenopyrum. Washington hawthorn.

[9]

Elaeagnus angustifolia. Russian olive.

[10]

Euonymus. All varieties of euonymus.

[11]

Forsythia spectabilis. Snowy forsythia.

[12]

Hamamelis. All varieties of witch hazel.

[13]

Hydrangea. All varieties of hydrangea.

[14]

Ilex. All varieties of holly.

[15]

Juniperus. All varieties of junipers.

[16]

Kalmia latifolia. Mt. Laurel.

[17]

Kolkwitzia amabilis. Beauty bush.

[18]

Ligustrum. All varieties of privet.

[19]

Lonicera. All varieties of honeysuckle.

[20]

Magnolia. All varieties of magnolia.

[21]

Picea. All varieties of spruces.

[22]

Pinus. All varieties of pines.

[23]

Pseudotsuga menziesii. Douglas fir.

[24]

Rhododendron spp. Hardy varieties.

[25]

Spirea. All varieties of spirea.

[26]

Syringa. All varieties of lilac.

[27]

Taxus. All varieties of yews.

[28]

Thuja occidentalis. American arborvitae.

[29]

Tsuga. All varieties of hemlocks.

[30]

Viburnum. All varieties of viburnum.

In addition, the following varieties of deciduous trees are highly recommended, in addition to shade tree species listed in § 275-144H of this chapter:

Acer rubrum cultivars. Red maple.

Acer ginnala. Amur maple.

Pyrus cultivars. Hybrid ornamental pear.

Quercus cultivars. Oak spp.

Seriously incompatible uses. The Board of Commissioners, based upon the recommendation of the Planning Commission, may require additional screening and buffer yard width where it can be clearly shown that the combination of uses represent a serious threat of incompatibility.

See also the parking lot screening requirements of § 275-144I.

Outparcels. All access to outparcels for commercial and office developments under the same ownership and consolidated for the purposes of development or phased developments, shall be derived using internal roadways. Separate access to outparcels from arterial, connector or collector streets shall be prohibited.

[Added 6-19-2006 by Ord. No. 03-06]

§ 275-172 Landscaping.

Any part of a commercial, industrial or institutional lot which is not used for structures, loading areas, parking spaces and aisles, sidewalks and designated storage areas shall be provided with an all-season ground cover and shall be landscaped with trees and shrubs. All such areas shall be well-maintained.

See § 275-144H, Paved area landscaping, § 275-144I, Parking lot screening, § 275-171D, Buffer yards, and any street tree requirements of Chapter 230, Subdivision and Land Development.

Minimum landscaping. In addition to other landscaping requirements of Township ordinances, any proposed new principal commercial, industrial, garden apartment or institutional building shall be accompanied by the planting of at least five additional trees or shrubs for every one acre of proposed new impervious coverage.

Such plants shall, to the maximum extent feasible, be placed in highly visible locations, such as adjacent to public streets or expressways and/or between the use and adjacent existing or future residential areas.

The applicant may choose the species, but is encouraged to select from the lists in §§ 275-144H and 275-171D.

Each deciduous tree required by this section shall have a minimum trunk width of 1.5 inches measured at one foot above the ground elevation. Each other tree or shrub required by this section shall have an initial height of 30 inches.

Shrubs and plants shall not be placed in locations where they are likely to eventually obstruct sight distance within parking areas, driveways and access drives.

Alternative landscaping. An applicant may submit an alternative landscape design prepared and sealed by a registered landscape architect, or similar qualified professional, that includes a greater total number of plantings than is normally required under Township ordinances, but in different arrangements, locations and species. The Planning Commission may accept such an alternative landscape design in place of all landscaping requirements of Township ordinances if the applicant proves to the satisfaction of the Planning Commission that such a design would meet the intent of Township ordinances and be superior in quantity, quality and effect to what would normally be required.

§ 275-173 Establishment of future right-of-way widths for streets.

Purpose. Minimum future right-of-way widths are established for streets where the existing right-of-way is less than the width indicated in this section for the particular class of street. These future rights-of-way are designed to seek to reserve adequate rights-of-way for future circulation improvements, including street widenings, shoulders, bikeways, sidewalks and improvements of sight distance, and to provide rights-of-way for needed public sewer and water lines, other utilities and stormwater improvements.

Dedication of future right-of-way. See any requirements in Chapter 230, Subdivision and Land Development.

Measurement.

The future right-of-way shall be measured with 1/2 on either side of the center line of the existing right-of-way. If the existing right-of-way is clearly significantly off-center of the cartway, then the center line of the cartway shall be used for measurements.

The specific classification of each street is shown on the Township Official Street Classification Map at the end of this chapter.[1]

Editor's Note: The Street Classification Map is on file in the Township offices.

Minimum setbacks shall be measured from the future right-of-way line, regardless of whether such future right-of-way has actually been dedicated.

Minimum widths. The following future rights-of-way widths shall be measured along each street, unless a differing right-of-way is established by Chapter 230, Subdivision and Land Development.

	Street Classification	Minimum Future Right-of-Way (feet)
	Expressway	120
	Arterial street	80
	Connector street	60
	Collector street	60
	Local and private street	50

Ownership and maintenance. All future street right-of-way widths shall remain a part of the adjacent lot of that adjacent lot owner, except as may be required otherwise by Chapter 230, Subdivision and Land Development, until such time that the Township or PennDOT may require dedication, purchase or otherwise assume ownership of the future right-of-way. The owner of the adjacent property shall be responsible for maintenance of portions of the existing and future right-of-way that are not part of a street cartway or shoulder.

Cartway widenings. All uses shall comply with the provisions of Chapter 230, Subdivision and Land Development, for required widenings of adjacent streets.

§ 275-174 Street requirement for industrial and commercial uses.

Every lot with an industrial and commercial use shall have access onto at least one street with a minimum cartway of 20 feet.

Access. A driveway or access drive serving a commercial or industrial use shall be deemed to be integral with such use and shall not be a permitted use in a residential district. This shall not apply to existing access or existing nonconforming uses. This restriction shall not apply to a driveway or accessway that will be clearly limited to use by only emergency vehicles.

§ 275-175 Access onto arterial, connector and collector streets.

[Amended 6-19-2006 by Ord. No. 03-06]

Access.

Maximum number of access points. Subject to the other requirements of this chapter, a maximum of one access shall be permitted onto an arterial, connector or collector street. A maximum of one additional access point may be permitted if the applicant proves to the satisfaction of the Planning Commission, through a capacity and circulation analysis, that an additional access point is necessary to accommodate traffic to and from the site and it can be achieved in a safe and efficient manner.

Where practical, access to adjoining commercial lots and to a maximum of two residential properties shall be provided by a common access drive or driveway in order to minimize the number of access points along arterial, connector and collector streets subject to the provisions of this section. The provision of joint access shall be subject to the creation of an easement with provisions allowing cross access between the properties within the access road area. The joint access arrangements shall include a recorded joint agreement defining the maintenance responsibilities of each of the property owners served by the access road. The terms and conditions of the easement and joint agreement shall be subject to the review and approval of the Township Solicitor.

The total number of access points shall always be minimized. Nothing in this chapter shall limit the authority of the Board of Commissioners to limit access beyond the requirements of this chapter, if authorized by Chapter 230, Subdivision and Land Development.

The minimum separation between an access point or driveway and an interchange ramp for a limited-access highway shall be 300 feet measured from the end of a ramp radius or the intersecting edge of the pavement of the ramp speed change lane to the beginning of the access radius.

Large developments. These standards shall be followed for any development involving more than three commercial (including retail, service or office uses) lots, or more than four acres of commercial, garden apartment or townhouse uses.

Each principal building shall have its access upon a marginal access street, service road, common parking lot or similar area and not directly upon an arterial or connector street.

Each point of vehicular access to and from a public street shall be located at least 200 feet from the intersection of any public street right-of-way lines, except that such point of vehicular access which converts a T-intersection into an intersection of two streets which cross one another shall be permitted, and except where a more restrictive requirement is stated in Chapter 230, Subdivision and Land Development, or required by PennDOT.

Reverse frontage encouraged. Direct vehicular access from individual lots abutting arterial or connector streets shall be strongly discouraged. Instead, it is very strongly encouraged that interior road systems be developed to minimize the number of total access points onto a minor arterial or collector road. Uses should back onto major roads, but with access available from an alternative road.

Cross access shall be provided between adjoining commercial properties that front on an arterial, connector or collector street to provide circulation between the properties, unless the applicant proves to the satisfaction of the Planning Commission that such cross access is not feasible. The circulation plans of the adjoining properties shall be coordinated. The availability of cross access shall be visually obvious. The property owners with cross access shall record an easement allowing cross access to and from the other properties. The terms and conditions of the easement shall be subject to the review and approval of the Township Solicitor.

§ 275-176 Nonconformities.

Registration of nonconformities. The Zoning Officer may seek to identify and register some or all nonconforming uses and structures. However, the burden of proof involving a nonconforming use shall be on the party asserting the nonconformity.

Continuation. A nonconforming use, structure or lot as defined by this chapter, may be continued, maintained, improved and repaired, provided it conforms to this section and other applicable ordinances of the Township, (except as provided for in § 275-171G).

Change or expansion of nonconforming use; nonconforming lots; nonconforming structures.

Nonconforming structure.

A nonconforming structure may be altered, reconstructed or enlarged, provided that:

Such alteration, reconstruction or enlargement does not increase the nonconformance or the nonconforming part of the structure.

The expansion would comply with setbacks normally required for a permitted use in that district.

In the case of a nonconforming structure which is used by a nonconforming use, any expansion or enlargement shall also meet the requirements of Subsection C(3).

Nonconforming lots of record. Permitted land uses and structures may be established, constructed or expanded on a nonconforming lot only within each of the following requirements:

Smaller lots. If either the proposed minimum lot width or the minimum lot area would be less than 70% of what would normally be required, the application shall be required to go before the Zoning Hearing Board as a variance request.

Larger lots. If the lot would be 70% or greater than the minimum lot width and minimum lot area, construction on the lot may be permitted by right for permitted-by-right uses, provided that all other requirements of this chapter are complied with.

Lawfully existing. A use may only be developed on a nonconforming lot if it is a lot of record that lawfully existed prior to the adoption of this chapter. Otherwise, a variance would need to be granted before any construction on the lot could occur.

Setbacks. Yard setbacks and other requirements of this chapter shall be complied with unless a variance is granted by the Zoning Hearing Board, or unless the Zoning Hearing Board allows construction under the following waiver:

In a residential district, minimum yard setback may be reduced to a minimum of 70% of what would normally be required if the lot is deemed adequate for building under this section and if the Zoning Hearing Board determines that such reduction would result in the construction of a single-family detached dwelling that would be more compatible with the character of adjacent residential areas than if the yard requirement was not reduced.

Only one principal and its customary accessory uses that are permitted by right in that district may be developed on a nonconforming lot.

In an RR or LDR District, as an absolute minimum, in no case shall a principal building be developed on a nonconforming lot with minimum lot area of less than 5,000 square feet or a minimum lot width at the minimum building setback line of less than 45 feet.

(g)

In the MDR District, as an absolute minimum, in no case shall a principal building be developed on a nonconforming lot with a minimum lot area of less than 3,500 square feet or a minimum lot width at the minimum setback line of less than 35 feet, except for a lot that was specifically approved in the past for a single-family semidetached dwelling (twin).

(h)

For any variance or special exception request under this section, the Zoning Hearing Board shall consider if any reasonable use could be made of the property other than a proposed use that would less significantly adversely affect the established character of an existing residential neighborhood.

(i)

The nonconformity shall not have been self-created.

(j)

Contiguous nonconforming lots under common ownership shall be considered one lot.

(k)

Any lot proposed to use an on-lot septic system shall meet all DEP requirements, plus shall have sufficient open area that would also meet DEP requirements for a second drainfield, for use in case the first drainfield fails.

Expansion of a nonconforming use. A nonconforming use or a building used by a nonconforming use shall not be expanded or enlarged, except in accordance with the following provisions:

Such expansion or enlargement shall be permitted only by special exception from the Zoning Hearing Board under the provisions of Article I.

Such alteration, reconstruction, extension or enlargement shall be only upon the same lot that the nonconforming use was located upon at the time the use became nonconforming.

A nonconforming use shall not be increased in total building coverage, total impervious coverage, total land area in use, total floor area or total number of dwelling units by greater than 50% beyond the respective total measurement that existed in such use at the time such use becomes nonconforming. Whichever of these limitations is most restrictive shall apply. This maximum increase shall be measured in aggregate over the entire life of the nonconformity.

Any expansion of a nonconforming use shall only occur outside of the required setbacks, unless a variance is also granted by the Zoning Hearing Board.

In a residential district, as a minimum, a nonconforming use proposed to expand shall meet the setback requirements that would otherwise apply to a single-family detached dwelling.

An existing nonconforming dormitory, townhouse or garden apartment use shall not be expanded more than 10% in the total number of beds, total number of dwelling units and total floor area of such building, whichever is more restrictive, during the life of the nonconformity.

Restoration.

A nonconforming structure [except as provided for in Subsection G(3)] that has been destroyed or damaged equal to 50% or more of its total value by fire, windstorm, lightning or a similar cause deemed to be no fault of the owner may be rebuilt only if the application for a building permit is submitted within one year from the date of damage or destruction. A nonconformity may not be increased by any reconstruction.

No rebuilding shall be undertaken as provided herein until plans for rebuilding have been presented and approved by the Zoning Officer. Any change of one nonconforming use to another nonconforming use shall comply with the provisions of this section.

Restoration and abandonment regulations of this section shall not apply to crop farming uses, which may be restored by right without any time limitation.

Ownership. Whenever a nonconforming use, structure or lot is sold to a new owner, a previously lawful nonconforming use may be continued by the new owner, within the requirements of this chapter.

Abandonment of nonconforming uses.

If a nonconforming use of a building or land is discontinued, razed, removed or abandoned for 365 days, except as provided for in Subsection F(3), subsequent use of such building or land shall conform with the regulations of the district in which it is located.

The act of abandonment and the intent to abandon shall be presumed to commence on the date when customary efforts to continue the use cease. Such efforts shall be limited to the following:

For a residential use, actual habitation of the premises.

For a business use, actual conduct of business on the premises.

Payment of a non-nominal amount of money in a lease.

Actual purchase for such a use.

Substantial financial and/or labor investment in a property for such a use.

Actual applications to the Zoning Hearing Board for uses.

Nonconforming use of open land. All nonconforming signs, billboards, junk storage areas, outside storage areas and similar nonconforming uses of open land, when discontinued for a period of 90 days or damaged to an extent of 50% or more of replacement cost, shall not be continued, repaired or reconstructed. For parking of commercial vehicles, see § 275-145.

Changes from one nonconforming use to another.

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 if permitted as a special exception by the Zoning Hearing Board after the following conditions are met:

The applicant shall show that the nonconforming use cannot reasonably be changed to a conforming use.

The applicant shall show that the proposed change will be equally or less objectionable in external effects than the existing nonconforming use with regard to:

Traffic generation and congestion (especially truck traffic).

Noise, smoke, dust, fumes, vapors, gases, heat, odor, glare or vibration.

Outdoor storage and waste disposal.

Compatibility with the character of the surrounding area.

District changes. Whenever the boundaries of a district are changed so as to transfer an area from one district to another district, the provisions of this section shall also apply to any nonconforming uses or structures existing in the district to which the area was transferred.

Floodplain area. In the floodplain area, as defined by Chapter 135, Floodplain Management, all nonconforming structures and uses, including agricultural, shall be subject to the following:

Existing nonconformities located in such district shall not be extended, expanded or enlarged, unless any effect of the proposed extension, expansion or enlargement on flood heights is fully offset by accompanying stream improvements.

Any modification, alteration, repair, reconstruction or improvement of any kind to an existing nonconformity, to an extent or amount of less than 50% of its market value, shall be elevated and/or floodproofed at least 1 1/2 feet above the standard project flood or the one-hundred-year flood, whichever is greater, to the greatest extent possible.

Any modification, alteration, reconstruction or improvement of any kind to an existing nonconformity, to an extent or amount of 50% or more of its market value shall be undertaken only in full compliance with the provisions of this ordinance and all other applicable Township, state and federal ordinances and regulations.

§ 275-177 Temporary structure or use.

Except for the temporary uses allowed under Subsection H, a temporary permit may be issued only if authorized by the Zoning Hearing Board as a special exception for structures or uses subject to the following additional provisions:

Duration. The life of such permit shall not exceed one year and may be renewed for a total combined period of not more than two years.

Statement from owner. Prior to the issuance of a permit for a temporary use or structure, the applicant shall present a statement from the owner of record of the land recognizing the application and accepting responsibility to ensure that the use or structure is removed once the permit expires.

Removal. Such structure or use shall be removed completely upon expiration of the permit without cost to the Township. If the structure or use is not removed in a timely fashion after proper notification, the Township may remove the use or structure at the cost of the person who owns the land upon which the structure or use is located.

Bond. The Zoning Hearing Board may require that a bond or other acceptable form of security be posted by the applicant to ensure removal of the temporary use or structure. Such a bond shall be equal to 125% of the cost of removing the structure or use, as estimated by the Township Engineer.

Compatibility. The temporary use or structure shall be compatible with adjacent uses.

Conditions. The temporary use or structure shall clearly be of a temporary nature.

Construction vehicle parking and temporary offices. See § 275-190D(6), Essential services, a permitted-by-right accessory use, in Article XX.

By right temporary uses. Special exception approval under this section shall not be required for the following uses and structures and instead a permit for a temporary use may be issued by the Zoning Officer, if required clear sight distances are not obstructed and accessory setback requirements are met.

The temporary erection of a tent or similar structure for a maximum of six days once in any three-month period for the following activities, or for similar activities that the applicant proves to the Zoning Officer are routine customarily accessory uses:

A tent for a wedding.

A festival by a place of worship or fire company clearly intended to benefit charitable, religious or public safety programs of such place of worship or fire company.

A special sale area or display within a lot of a permitted commercial use.

One temporary dwelling for residents of a damaged dwelling during a period of construction, with permits to be issued for one six-month period, with only one renewal allowed. This exemption shall not apply to nonresidential temporary structures.

§ 275-178 Site plan review.

Intent. Some uses warrant particular attention. A site plan review is required for these uses to more effectively ensure compliance with this chapter and to provide a review of items such as traffic access.

Conditional uses. For conditional uses, the site plan review should be part of the requirements and review of the conditional use (see § 275-18).

When required.

A site plan meeting the requirements of this section shall be submitted for any of the following proposed uses or buildings [except as provided by Subsection C(2)].

Any new principal building or building expansion of more than 2,000 square feet of floor area built in any consecutive twenty-four-month period or any principal building which is not classified as a "land development" under Chapter 230, Subdivision and Land Development, provided any such building or expansion involves any of the following land use categories:

Industrial, office or commercial building or use;

School, place of worship or institutional building;

Animal husbandry.

Any new or expanded paved area of greater than 5,000 square feet.

Any dormitory, townhouse, garden apartment or mid-rise apartment principal building.

Conversion of a noncommercial building to a new principal commercial use.

Commercial communications tower.

[Added 3-19-2001 by Ord. No. 03-01]

A site plan shall not be required under this section under the following conditions:

One use would be replaced by another use without the construction of any new principal buildings or new paved area and without any additional off-street parking being required.

The use would only involve a plant nursery (without any new principal buildings) or crop farming.

Procedure for permitted-by-right uses requiring site plan review.

Initial reviews.

The applicant shall ensure that a proposed use will be allowable under this chapter prior to a submission to the Planning Commission for a formal site plan review.

The formal submission to the Planning Commission shall not occur until any needed zoning variances or special exception approval are received.

The applicant or the Planning Commission may request an informal review by the Planning Commission of a site plan prior to requesting variances or a special exception.

Submission.

Fourteen complete copies of any required site plan shall be submitted to the Township. The Zoning Officer shall refuse to accept an application if it does not contain sufficient information to determine compliance with this chapter.

The applicant shall make separate applications to other review agencies, where applicable, such as the Lehigh Valley Planning Commission for stormwater and the Township Sewage Department. Where appropriate, separate applications shall also be made to the Northampton County Conservation District, the State Department of Environmental Protection and the State Department of Transportation.

See also § 275-11F(3) pertaining to notice to neighbors.

Time. The Planning Commission and the Board of Commissioners[1] shall both review the site plan within 90 days of the first regularly scheduled Planning Commission meeting after the receipt of a complete site plan submission, unless the applicant agrees in writing to an extension.

Editor's Note: The phrase "Board of Supervisors" was revised to "Board of Commissioners" at the direction of the Township.

Effect. A site plan review by itself shall not relieve the applicant of any obligation under a Township ordinance nor constitute a recommendation for a zoning variance.

Distribution. The Township shall distribute the copies of the site plan to the Planning Commission and should provide it to the Township Engineer. A minimum of one copy shall be retained in the Township files. The Township fire services should be given an opportunity for a review.

The Planning Commission shall review the site plan and submit its written recommendations to the Board of Commissioners.

The Board of Commissioners shall review the site plan after the Planning Commission and submit its written recommendations in writing to the Zoning Officer. Such recommendations should also be sent to the applicant.

The Zoning Officer shall review the site plan and determine its compliance or noncompliance with this chapter, based upon his review and the findings of the review of the Board of Commissioners.

Compliance. The applicant or his successor shall comply with the site plan upon which the zoning approval was received. Any changes to the site plan shall be resubmitted to the Township for approval.

(10)

Recording. The applicant shall be responsible to ensure that the site plan is recorded in the Office of the Recorder of Deeds within 45 days of approval, with a return receipt to the Township.

Site plan requirements. The following information shall be included on the site plan, unless waived by the Planning Commission as not applicable or necessary:

A statement describing the proposed use.

Layout. A site layout drawn to a scale of one inch equals 50 feet (or another scale preapproved by the Township Engineer or Zoning Officer) showing the location, dimensions and area of each lot; the location, dimensions and height of proposed and any existing structures; and the required setback areas.

Staging. 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.

Buffer yards. The width of any buffer yard and the heights, spacing and types of plants to be used for screening. Details of any proposed earthen berm or acoustic barrier.

Landscaping. Description of the general numbers, locations and types of landscaping to be provided in off-street parking lots, along streets and in other areas.

Use areas. The proposed use areas within the development, including outdoor storage or display areas.

Parking. The locations and numbers of parking spaces; the location, direction and widths of lanes; the location and sizes of off-street loading areas. The method of calculating the off-street parking requirement shall be shown, based upon Article XVII.

Streets. The location, rights-of-way and cartway widths of any proposed or abutting streets, and the classification of these streets based upon the Official Street Classification Map.

Lighting. The height, location and approximate intensity in candlepower of exterior lighting.

(10)

Sidewalks. The location and width of sidewalks.

(11)

Utilities. Provisions to be made for treatment and disposal of sewage and industrial wastes and water supply, including any proposed and an alternate backup on-lot septic leach field locations.

(12)

Dwellings. The proposed density in terms of number of dwelling units per acre of land.

(13)

Nuisances and safety. A description of any proposed industrial or commercial operations or storage in sufficient detail to indicate effects of those operations in producing noise, glare, air pollution, smoke, fumes, water pollution or fire hazards or hazards from use of highly toxic or hazardous materials or chemicals, or other public health or safety hazards.

(14)

Open space. For any common open spaces, the function, proposed improvements and proposals for ownership, maintenance and management of the land.

(15)

Grading.

Proposed and existing contours at two-foot intervals, except that five-foot intervals are allowed where slopes are greater than 10%.

Slopes between 15% and 25% and greater than 25% shall be designated. See steep slope requirements in Article XVI, § 275-124.

(16)

Drainage. All proposed site grading and drainage provisions and proposals. Proposals for maintenance, ownership and liability responsibilities for stormwater detention basins. Such stormwater control methods shall meet the requirements of Chapter 230, Subdivision and Land Development, any adopted Township Stormwater Ordinance[2] and § 275-180 of this chapter.

Editor's Note: See Ch. 218, Stormwater Management.

(17)

A key map showing the entire project and its relation to surrounding lots and existing and approved buildings and streets. All adjacent land uses shall be designated.

(18)

Zoning districts and requirements.

(19)

Soils delineations from the County Soil Survey and floodplain area delineations from the official floodplain maps.

(20)

Name of the person who prepared the site plan. The site plan shall be prepared by a licensed professional engineer, registered land surveyor, registered landscape architect or registered architect.

(21)

Certification of ownership or other clear form of control of the land by the applicant and acknowledgment of plan signed by landowner.

(22)

Traffic. When traffic information is submitted to PennDOT for any required highway occupancy permit, two copies shall also be sent at that time to the Zoning Officer. Section 275-179 also requires a traffic study for major traffic-generating uses.

(23)

Such other data or information as the Zoning Hearing Board, the Planning Commission or the Board of Commissioners, shall reasonably deem necessary to determine compliance of Township ordinances.

(24)

Truck traffic. The applicant shall estimate the amount, direction, times and types of heavy truck traffic that will be generated.

(25)

Signs. The sign area, height, location and method of lighting of signs.

§ 275-179 Traffic impact study.

Intent. To allow the Township to determine the safety and congestion impacts, and related costs, of proposed major traffic generating uses. To require that applicants respond with reasonable proposals to resolve the negative traffic impacts that their proposed uses will cause on the public. To recognize that sufficient federal, state and municipal funds are not available to resolve traffic problems caused by private development.

Uses requiring a traffic study. Any application for any of the following uses shall be required to complete a traffic study and include the findings in a written report:

Residential: 120 or more dwelling units.

Commercial: 20,000 square feet or more of total floor area.

Office: 30,000 square feet or more of total floor area.

Industrial: 60,000 square feet or more of total floor area or any trucking company terminal.[1]

Editor's Note: The phrase "truck terminal" was revised to "trucking company terminal" at the direction of the Township.

Institutional: 30,000 square feet or more of total floor area.

Any use or combination of uses that would generally result in greater than 1,500 trips per day.

Timing. Any required traffic study shall be submitted at the same time or earlier as any preliminary plan, special exception, conditional use or construction permit application, whichever is submitted earliest.

Costs. The full costs of completing the study and of a review by the Township Engineer or other Township representative shall be born by the applicant.

Selection of professional. The applicant shall select a professional engineer or other individual of comparable credentials who is known for their expertise in traffic studies and who is acceptable to the Township. A summary of the traffic engineering/planning qualifications of the individual(s) who completed the study shall be included in the report.

Study area. Prior to initiation of the traffic study, the traffic engineer or planner shall meet with the Township Engineer to establish the area to be studied. This area shall be limited to streets and intersections within a maximum of 1/4 mile of the proposed project boundaries, except for a use projected to generate more than 3,000 trips per day which shall have a maximum study area of one mile from the project boundaries.

Joint studies. Joint traffic studies between different applicants are strongly encouraged.

Fees. In place of individual traffic studies, the Board of Commissioners may require that an applicant provide a fee in lieu of a study. This fee shall only be used towards the costs of traffic studies sponsored by the Township. Any such fee shall be established by resolution or ordinance of the Board of Commissioners.

Project description. Any study shall include a description of the proposed development, its proposed access and the surrounding street system. If a development is proposed to occur in stages, each stage shall be described and taken into account in the study. If the applicant owns other lands within the study area, reasonable assumptions shall be made about how that land can be expected to be developed, and shall be taken into account.

Existing traffic conditions. The traffic volumes and service levels during the a.m. and p.m. peak hours shall be presented for all streets and intersections in the study area that can reasonably be expected to be significantly impacted. Traffic volumes shall be based upon actual counts that occurred within the prior two years and not upon state estimates. The locations of all accidents reportable to the State Police within the study area during a recent two-year period shall be noted.

Expected traffic generation. The study shall include an estimate of the number of trips expected to be generated by the use and any future stages during the a.m. and p.m. peak hours. Such estimates shall be based upon the latest published estimates of the Institute of Transportation Engineers, or its successor entity.

Projected effects. The study shall take into account not only the use proposed by the applicant, but also other uses and developments that have received building permits or preliminary subdivision or land development approval from a municipality. The study shall project a.m. and p.m. peak-hour traffic volumes and levels of service on impacted intersections and streets. If the traffic generation by the development would be more than 30% greater during any hour other than the a.m. or p.m. peak hour on adjacent streets, the study shall analyze both the peak hours for the development and for adjacent streets. The study shall project what directions the traffic generated will head towards.

Levels of service. The study shall use the description of the levels of service (A through F), for streets and highways established by the U.S. Department of Transportation.

Signal warrants. Heavily traveled intersections at entrances to the development and other major unsignalized intersections in the study area shall be studied to determine whether a traffic signal is warranted by PennDOT criteria.

Needed improvements. The study may take into account traffic improvements which are clearly funded and will occur within the next two years. The study shall include suggestions for how each congested or hazardous intersection in the study area should be improved to reduce the hazard or congestion, and a rough estimate of the cost of that improvement.

Applicant's response. The applicant shall respond to the traffic study with proposals on what traffic improvements, right-of-way dedications or commitments of financing for specific projects the applicant proposes to commit to resolve the negative traffic impacts of the proposed development. Such improvements or financing may be staged in relation to the stages of the development. The applicant may also agree to commit towards the long-term support of a program to reduce peak-hour traffic by private vehicles, through programs such as vanpooling, support of mass transit or staggered work hours, in place of certain structural improvements.

Completion of improvements. Any traffic improvements that are required as a condition of any approval under this chapter or Chapter 230, Subdivision and Land Development, shall be in place or sufficient funds committed in escrow acceptable to the Township prior to the issuance of any needed occupancy permit, or within a staged process agreed to at the time of approval.

§ 275-180 Stormwater management.

The requirements of this section shall apply to any use which is not regulated by any separate Township Stormwater Management Ordinance[1] which may be adopted. Stormwater requirements of the Chapter 230, Subdivision and Land Development, also may be in effect.

Editor's Note: See Ch. 218, Stormwater Management.

Review. All proposed stormwater control methods are subject to review by the Township Engineer. All such methods shall be professionally acceptable to the Township Engineer.

Developments shall limit the rate of stormwater runoff so that no greater rate of runoff will occur than occurred on the site prior to development, except as Chapter 218, Stormwater Management, may specifically provide.

Calculations. The applicant shall provide pre- and postdevelopment calculations for all uses, that involve any addition of impervious cover where site plan review under § 275-178, except for an individual single-family detached house on an individual lot. This requirement may be waived by the Township Engineer if there will not be a net increase of more than 8,000 square feet of impervious coverage. Where crop farming or disturbed earth exists on the site prior to development, meadow shall be used as the starting base for such calculations.

The quantity, velocity and direction of resulting stormwater runoff shall be managed in a manner as to adequately protect persons and property from possible injury.

Runoff water quality.

Intent: to seek appropriate stormwater control measures to protect creeks from pollution from runoff. This may include oil-water separation devices in catch basins to control runoff from parking lots.

A professional study by an expert in methods of controlling thermal pollution and polluted runoff shall be required to be funded by the applicant if the development would:

Involve a total impervious cover of five acres or more within 1,000 feet of a bank and within a drainage basin of the Monocacy Creek, Nancy Run or Lehigh River; or

Involve a total impervious cover of 10 acres or more within 5,000 feet of a bank and within a drainage basin of the Monocacy Creek, Nancy Run or the Lehigh River.

Individual lot drainage.

Lots shall be graded and drained in accordance with the approved plan. If there is no approved plan, lots shall be graded in a manner that is consistent with the existing drainage patterns of the neighborhood and in a way that causes water to be diverted away from the foundation of the house.

Subsurface drainage systems may be installed in accordance with the following criteria:

Any drainage system intended to connect to the Township storm drain system must receive the approval of the Township Engineer.

Roof leader extensions, whether installed as surface or subsurface systems must not cause an erosion problem, or discharge water within five feet of a property line unless the pipes are angled to cause the discharge water to flow parallel to the property line.

All drainage systems, including roof drains, sump pumps and swimming pool drainage, shall be discharged into an appropriate location, such as a stormwater inlet or an established drainage swale.

§ 275-181 Recreation land, open space and fees requirements.

See the requirements of Chapter 230, Subdivision and Land Development. See also the cluster option in Article XXII.

§ 275-182 Posting of address.

Every principal building shall post its street number in such a prominent place that it can be clearly viewed from a public street.

§ 275-183 Impervious surface and lot area bonus for resolving stormwater problems.

Intent: to recognize severe stormwater runoff problems that exist in many locations and to seek an efficient means of resolving these problems.

Severe stormwater problem areas. "Severe stormwater problem areas" are those that routinely cause severe erosion, damage to property, closing of streets to traffic and risks to persons. These areas are generally identified in the Township Comprehensive Plan. The Township Engineer shall determine in a case if a severe stormwater problem area exists. A severe stormwater problem area shall be one that seriously affects more than one lot and affects more than just the property of the applicant.

Resolution of problems. If a development would include measures, such as a larger detention basin, that would substantially reduce a preexisting severe stormwater problem area, a bonus may be granted under this section. It shall be the responsibility of the applicant to prove to the satisfaction of the Township Engineer that the proposal would substantially reduce the problem.

Ordinary requirements. No bonus shall be granted for stormwater controls that would ordinarily be required under Township ordinances, engineering reviews and state law.

Bonus. The bonus under this section may be approved by the Zoning Hearing Board as a special exception if they receive a favorable recommendation from the Planning Commission and the Township Engineer following any technical criteria of any Township Stormwater Ordinance.[1] The bonus may at the option of the applicant take one of the following forms, but shall not affect any other Township requirements:

Impervious coverage bonus. An additional 5% of the total area of each lot may be covered by impervious surfaces, beyond what is normally allowed; or

Lot area bonus. The minimum lot area may be reduced by 5%. In the case of townhouses or garden apartments, the minimum average buildable area per dwelling unit may be reduced by 5%.

Editor's Note: See Ch. 218, Stormwater Management.

§ 275-184 Zero lot line housing option.

This option shall only apply to lots intended for single-family detached houses, in any district where such houses are allowed.

Deed restrictions. Appropriate deed restrictions shall be placed on each lot at the time of final subdivision to carry out the requirements of this section. Such deed restrictions shall be subject to prior approval by the Township Solicitor. The subdivider shall provide clear evidence to the Zoning Officer that such deed restrictions are in place.

This option shall not apply to lots of less than one acre that were created prior to the adoption of this chapter.

Within the requirements of this section, a single-family detached house may be placed on a side lot line or within one side yard and not meet the requirement for two side yards. Instead, a side yard equal to the sum of the two minimum side yards that would otherwise be required shall be established as the other side yard of the building.

This option shall only apply to lots within subdivisions that are specifically shown on the approved final subdivision plans for such construction.

Maintenance easement. No single-family detached house may be constructed under this section without both required side yards unless the owner of an abutting residential lot grants to the owner of the lot intended for construction within the side yard a permanent ten-foot wide maintenance easement.

No single-family detached house constructed under this section shall be placed closer than 20 feet to any other principal building or to an existing street right-of-way.

All other required yards shall remain in effect.

§ 275-185 Condominium ownership.

Intent: to allow certain land uses to be developed with ownership of buildings or portions of buildings by individuals, while all or most of the land area is owned commonly and maintained by a homeowner's association.

Lot area requirements. All lot area, setback and other requirements of this chapter shall be able to be met by any use or lot. However, with the approval of the Board of Commissioners, the actual division of land into separate lots with separate ownership is not required. Instead, a condominium form of ownership may be permitted.

Maintenance of commonly owned land. Any process of maintenance of commonly owned land shall meet the requirements of § 705.d. of the Municipalities Planning Code.[1] Any condominium or homeowners' association agreement shall be reviewed by the Township Solicitor and require approval of the Board of Commissioners prior to recording of the deeds. Any such agreement shall be filed as part of the subdivision or land development plan.