[Ord. 776, 6/21/1993, § 301; as amended by Ord. 940, 1/7/2002, § 3]
1. 
For the purpose of this chapter, Emmaus Borough is hereby divided into the following zoning districts:
C-R
Conservation - Residential District
R-L
Low Density Residential District
R-M
Medium Density Residential District
R-HO
High Density Residential District Office
R-P
Planned Residential District
B-H
Highway Commercial District
B-L
Limited Commercial District
B-C
Central Commercial District
I-L
Light Industrial District
2. 
The zoning districts stated in subsection (1), above, shall be of the number, size, shape and location shown on the Official Zoning Map. Any use of the abbreviations listed in subsection (1), above, shall mean the district name that is listed beside the abbreviation.
3. 
Floodplain. The floodplain area, as defined by the Floodplain Area Part of this chapter, shall serve as an overlay area to all of the underlying Districts.
4. 
Purpose of Each District. The following are summaries of the purposes of each zoning district, in addition to the overall purposes of this chapter as stated in Part 1 and the Comprehensive Plan:
A. 
C-R District. To provide for development only at low intensity on areas that are very environmentally sensitive or that have inadequate road access. To seek to preserve the water quality of important creeks. To recognize areas that include significant amounts of wetlands, high water table soils and floodplain areas. To direct development towards areas of the Borough that are more environmentally suitable.
B. 
R-L District. To provide for the orderly expansion of neighborhoods of single-family detached houses at a low density. To carefully protect these areas from uses that may not be fully compatible. To encourage similar development next to existing neighborhoods.
C. 
R-M District. To provide for the orderly expansion of areas that offer residential neighborhoods at a medium density. To recognize older residential areas of the Borough. To provide for a selected variety of housing types. To carefully protect these areas from uses that may not be fully compatible.
D. 
R-HO District. To provide for a full variety of carefully-designed housing types at medium high densities. To make sure that varied housing types are compatible with any existing single-family detached houses. To make sure that the street system of the Borough and other community facilities and services are fully able to handle moderately dense growth in an area. To work to encourage affordable housing, especially for young families, senior citizens and nontraditional types of households.
E. 
R-P District. To provide for residential development that protects important natural features of the site while permitting flexibility in certain lot requirements.
F. 
B-L District. To provide for a carefully controlled selection of light "convenience" commercial uses that will be compatible with adjacent residences, areas of smaller lots and historic areas. To recognize that many of these areas include a mix of homes and businesses.
G. 
B-H District. To provide for a wide range of needed commercial uses in locations that are less likely to involve conflicts with existing residences and that have excellent access to major highways. To use special care and control on access onto arterial and collector streets to avoid traffic hazards.
H. 
B-C District. To encourage a pedestrian-scale of development that respects the historic character of the downtown. To seek to strengthen service, office, retail and restaurant businesses. To provide for a mix of residential and commercial uses.
I. 
I-L District. To provide sufficient space in appropriate locations to meet current and anticipated future regional needs for light industries, offices and limited types of related commercial development. To carefully control uses to protect the public health and safety. To maintain an attractive physical environment that will aid in attracting new businesses.
[Ord. 776, 6/21/1993, § 302]
1. 
The regulations set by this chapter shall apply uniformly to each class or kind of structure or land, except as provided for in this chapter.
2. 
No structure or land shall hereafter be erected, used, constructed, reconstructed or structurally altered and no structure or part thereof shall hereafter be used or occupied unless it is in conformity with the regulations herein specified for the use and district in which it is located.
3. 
No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
4. 
Annexation. Any territory which may hereafter be annexed to the Borough shall be classified as the zoning district of the Borough most similar to the zoning of such territory before annexation (as determined by the Zoning Hearing Board) until otherwise classified.
[Ord. 776, 6/21/1993, § 303; as amended by Ord. 1009, 12/4/2006]
1. 
A revised map entitled "Emmaus Borough Zoning Map" accompanies this chapter and is declared a part of this chapter. The Official Zoning Map should bear the adoption date of this chapter and the words "Official Zoning Map." This Map shall be retained in the Borough Offices. If the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of changes and additions, or needs to have drafting errors or omissions corrected, Borough Council may, by resolution, adopt a new copy of the Official Zoning Map which shall superseded the prior Official Zoning Map.
2. 
Amendments. See § 27-108.
[Ord. 776, 6/21/1993, § 304]
1. 
Where uncertainty exists as to boundaries of any district as shown on the Zoning Map, the following rules shall apply:
A. 
District boundary lines are intended to follow or be parallel to the center line of street rights-of-ways, streams and railroads, and lot lines as they existed on a recorded deed or plan of record in the County Recorder of Deeds office at the time of the adoption of this chapter, unless such district boundary lines are fixed by dimensions as shown on the Zoning Map.
B. 
Where a district boundary is not fixed by dimensions and where it approximately follows lot lines, such boundary shall be construed to follow such lot lines unless specifically shown otherwise.
C. 
In unsubdivided land or where a district boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by the use of the scale appearing on the maps.
D. 
Interpretation of Boundaries. See § 27-105(4).
[Ord. 776, 6/21/1993, § 305]
This chapter requires additional setbacks and the provision of buffer yards when certain uses would abut an existing dwelling or a residential zoning district. These same setback and buffer yard provisions shall be provided for uses proposed within Emmaus Borough if such an abutting dwelling or abutting primarily residential zoning district is located in an abutting municipality.
[Ord. 776, 6/21/1993, § 306; as amended by Ord. 830, 5/6/1996, § 2; by Ord. 937, 11/5/2001, § 1; by Ord. 940, 1/7/2002, §§ 1, 2; by Ord. 994, 7/6/2005, § 5; by Ord. 1009, 12/4/2006; and by Ord. 1083, 12/19/2011]
1. 
For the purposes of this § 27-306, the following abbreviations shall have the following meanings:
P
=
Permitted by right (zoning decision by Zoning Officer)
C
=
Conditional use (zoning decision by Borough Council with review by Planning Commission)
SE
=
Special exception use (zoning decision by Zoning Hearing Board)
N
=
Not Permitted
(§ 27-402)
=
See additional requirements in § 27-402
(§ 27-403)
=
See additional requirements in § 27-403
2. 
Unless otherwise provided by law or specifically stated in this chapter (including § 27-105(2)), any land or structure shall only be used or occupied for a use specifically listed in this chapter as permitted in the zoning district within which the land or structure is located. Any use shall also only be permitted if the use complies with all other requirements of this chapter.
3. 
Permitted Accessory Uses in All Districts. The following accessory uses are permitted by right as accessory uses to a lawful principal use in all districts, within the requirements of § 27-403 and all other requirements of this chapter:
A. 
Air conditioning equipment, other than central equipment for a commercial or industrial use.
B. 
Adult day care center, including care of up to four persons.
C. 
Antennae, private.*
D. 
Basketball backboard, which may be within a required setback area, provided it is a minimum of two feet from any lot line of an abutting residence.
E. 
Crop storage as an accessory use to crop farming.
F. 
Day care center as an accessory use, within the limits on number of children in § 27-403.*
G. 
Fence* or wall.*
H. 
Flag pole.
I. 
Garage, household.
J. 
Garage sale.*
K. 
Indoor storage that is customarily accessory to a permitted use.
L. 
Keeping of pets.*
M. 
Loading, off-street, only to serve a use that is permitted in that district.
N. 
Parking, off-street, only to serve a use that is permitted in that district.
O. 
Recreational facilities limited to use by employees of a lot or a development and their occasional guests.
P. 
Recreational facilities limited to use by residents of a development and their occasional invited guests.
Q. 
Recreational vehicle, storage of one or two.
R. 
Residential accessory structure (see definition in Part 2).
S. 
Satellite antennae.*
T. 
Signs, as permitted by Part 7.
U. 
Solar energy system.
V. 
Stable, household.*
W. 
Swimming pool, household.
X. 
Tennis/racquetball court.
Y. 
Volleyball court.
Z. 
Windmill.
AA. 
Such other accessory use or structure that the applicant proves to the satisfaction of the Zoning Officer is clearly customary and incidental to a lawful principal use.
NOTE:
* See standard for each in § 27-403.
4. 
Permitted Accessory Uses to Nonresidential Uses. The following are permitted by right accessory uses only to a lawful commercial, industrial, municipal or institutional use, provided that all requirements of this chapter are met:
A. 
Three or fewer amusement machines, coin or token operated, but not including an "adult use" (see also "amusement arcade").
B. 
Food, beverage and toy machines, coin operated.
C. 
Newspaper sales machines, coin operated.
D. 
Telephones, coin operated.
E. 
Storage of fuels for on-site use or to fuel company vehicles.
F. 
The following accessory uses, provided that the use is clearly limited to employees, patients, residents and families of employees of the use:
(1) 
Standard or fast-food restaurant without drive-through service.
(2) 
Day care center.
(3) 
Noncommercial recreational facilities.
(4) 
Meeting facilities.
G. 
Recycling collection center as an accessory use.
5. 
Essential Services; Not Required to Meet Lot Requirements. The following are essential services that are permitted by right as a principal or as an accessory use in all districts. The following essential services are not required to meet the accessory or principal setback, lot area or other lot requirements of this chapter, except that any newly created lot shall meet the applicable lot requirements if future building or subdivision of the lot would reasonably be possible for a different use.
A. 
Oil pipelines and natural gas transmission and distribution lines and accessory compressing stations.
B. 
Electrical transformers as an accessory use to dwellings.
C. 
Electrical, telephone and street light poles.
D. 
Electrical transmission and distribution lines and meters.
E. 
Wells, standpipes, water transmission lines, cisterns and meters.
F. 
Sewage pumping stations, but not including a central sewage treatment plant; provided, that such use be setback a minimum of 75 feet from any dwelling or any residential lot line.
G. 
Cable television and telephone lines.
H. 
Stormwater pipes, outfalls, detention basins, swales and catch basins.
I. 
Shelters and benches for buses that transport school children or that are owned, operated or financed by a public transit authority, and that do not include off-premises signs.
J. 
U.S. mailboxes.
K. 
Boxes for receiving individual newspapers.
L. 
Railroad lines.
M. 
Fire hydrants and emergency callboxes.
N. 
Engineered retaining walls that are clearly necessary to hold back slopes.
O. 
Sidewalks and curbs.
P. 
Residential driveways.
Q. 
Ramps primarily intended for handicapped access.
R. 
Ground level porches that are not covered by a permanent roof.
S. 
Steps leading into the entrance of a building.
T. 
Construction. Temporary storage of vehicles, roll-off dumpsters, materials and/or construction office trailers that are clearly needed and being actively used for current construction or renovation work on the same or an adjacent lot or within the same subdivision, provided such items are removed from the site within 20 days of completion of the portion of the construction that they relate to. Construction vehicles and materials shall only be stored outdoors on a lot while the related Borough construction permit is actively still in effect.
6. 
Essential Services; Required to Meet Lot Requirements. The following are permitted by right essential services in all districts and are required (except within § 27-106) to meet all of the applicable requirements of this chapter:
A. 
Electrical substations and bulk industrial or commercial transformers that are not an accessory use to dwellings. Electric substations involving outdoor structures at least 10 feet in height shall be required to provide evergreen screening within the requirements of § 27-803 on sides that are within 150 feet of a dwelling, undeveloped residentially zoned land or an expressway or an arterial street.
B. 
Water towers (see height exemption in § 27-802), water filtration plants and pressure stations.
C. 
Emergency and other electrical generators and compressors.
D. 
Solid waste bulk dumpsters and bulk compactors.
E. 
Telephone switching stations.
F. 
Industrial or commercial central air conditioning equipment.
G. 
Central sewage treatment facility meeting all Pennsylvania Department of Environmental Protection and Borough regulations.
7. 
Additional Requirements. See the following sections:
A. 
Additional Requirements for Specific Types of Principal Uses. Section 27-402.
B. 
Additional Requirements for Specific Types of Accessory Uses. Section 27-403.
C. 
Off-Street Parking. Part 6 (including paved area setbacks in § 27-603).
D. 
Signs. Part 7.
E. 
Buffer Yards. Section 27-803.
F. 
Environmental Protection. Part 5.
G. 
Temporary Structures. Section 27-807.
H. 
Site Plan Review for Certain Uses. Section 27-116.
I. 
Outdoor Storage and Display as an Accessory Use. Section 27-403.
[1]
Editor's Note: The Tables of Permitted Uses are included as attachments to this chapter.
[Ord. 776, 6/21/1993, § 307]
1. 
In addition to the provisions for the R-P district in Part 9, and in addition to other requirements of this chapter, the following requirements shall apply to all development in the R-P district:
A. 
Purpose. To serve the purposes for a planned residential development ("PRD") as stated in the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq. To recognize that the R-P District includes lands that have previously been approved as a PRD. To provide a simpler process for any future minor adjustments to the approved plans or the construction of accessory structures.
B. 
Uses. See § 27-306. Development in the R-P district shall occur within an PRD plan.
C. 
Lot, Setback, Density and Height Requirements. See Part 9. Customarily incidental accessory structures and uses may be constructed or developed within the same requirements as would apply within the R-M district.
D. 
Minimum Common Open Space.
(1) 
A minimum of 25% of the total tract area shall be common open space. Such common open space shall not include parking areas, streets, street rights-of-way and areas within 25 feet around all buildings.
(2) 
Common open space shall be located to maximize the preservation of significant natural features, especially including land along waterways and wooded areas. The common open space shall be contiguous to the maximum extent possible.
(3) 
At its option, the Borough Council may include permanently preserved land within a golf course to serve as a portion of the required open space.
(4) 
Borough Council may require the establishment and preservation of paths along waterways, with a public access easement.
E. 
Site Layout.
(1) 
The setbacks between structures and from streets may be varied; provided, that no building is erected within a distance less than its height from any other structure.
(2) 
Dwellings shall be located to (a) promote pedestrian and visual access to the common open space; and, (b) promote privacy for residents within and adjacent to the PRD.
(3) 
All buildings shall be located a minimum of 50 feet from exterior lot lines (including street rights-of-way) of the PRD and a minimum of 20 feet from the right-of-way of any collector street within the PRD.
F. 
Phasing. Development shall be constructed in phases that is coordinated with the dedication and improvement of common open space. The order of phasing shall be clearly stated on the development plans. The density of any one phase shall not exceed the maximum average density of the entire PRD, considering the accompanying dedication of open space.
G. 
Streets, Parking and Walkways.
(1) 
Internal streets and access drives shall be designed with a hierarchy of local and collector functions and to maximize separation of pedestrian and vehicle movement.
(2) 
Pedestrian walkways shall be provided wherever feasible.
(3) 
Collector streets within the PRD shall have a minimum right-of-way width of 60 feet and a minimum cartway width of 36 feet. Local streets shall have a minimum right-of-way width of 40 feet and a minimum cartway width of 21 feet.
(4) 
Cul-de-sac streets shall have a maximum length of 600 feet and a turning circle with a minimum right-of-way width of 50 feet and an outer paved width of 40 feet.
(5) 
Curbs shall be provided where determined to be needed by Borough Council.
(6) 
Streets shall comply with the Subdivision and Land Development Ordinance [Chapter 22].
(7) 
Parking shall comply with Part 6 of this chapter.
H. 
Additional Requirements. Unless otherwise specifically stated, all development within the R-P district shall comply with the requirements of the Subdivision and Land Development Ordinance [Chapter 22] and all other requirements of this chapter.
I. 
PRD Utilities.
(1) 
Telephone, electric and cable TV utilities shall be installed underground.
(2) 
Solid waste refuse stations shall be suitably screened and located to be convenient for use by but not objectionable to residents.
J. 
Ownership and Maintenance of PRD Open Space.
(1) 
Adequate provisions shall be established by the developer to ensure permanent preservation and maintenance of the common open space. For portions of a PRD that are not retained and maintained as part of a contiguous rental development, this shall involve the establishment of an organization to own, maintain and preserve the open space, conforming to the following standards:
(a) 
The organization shall be established by the developer prior to the occupancy, sale or rent of any dwellings. Membership in the organization shall be binding upon all property owners in the PRD.
(b) 
The form, financial capability, rules of membership, ability to hire staff or contractors and methods of cost assessment of the organization shall be sufficient to ensure the maintenance, preservation and improvement responsibilities of the organization. Such organization may be granted certain other maintenance responsibilities in addition to oversight of the open space, if approved by Borough Council.
(c) 
Required open space shall be owned by such organization, unless an alternative form of ownership is approved by Borough Council.
(d) 
If such organization shall fail to adequately maintain the common open space in reasonable order and condition in accordance with the approved development plan, then Borough Council may authorize written notice upon such organization or upon the residents or owners of property within the PRD setting forth the shortcomings of such maintenance. Such notice shall state that deficiencies shall be corrected within 30 days, or a longer period as may be established by Borough Council. Such notice shall state the date and place of a Borough Council public meeting on such subject.
(i) 
If the deficiencies are not corrected within the time limit established by Council after such public meeting, then the Borough, at its option, shall have the authority to accomplish or have accomplished such maintenance for such time as determined to be necessary by Borough Council. Such maintenance shall not constitute a taking of the property, nor vest in the public any rights to use the property.
(ii) 
The Borough Council may end such maintenance at its option. Borough Council may at any time determine that the property owners association is now able to maintain the open space, and may return maintenance responsibilities.
(iii) 
The cost of such maintenance by the Borough shall be assessed ratably against the properties within the PRD that have the right of use of the common open space, and may be enforced through liens.
(2) 
The Borough Council may at any time, at its option, voluntarily accept dedication of all or part of the common open space or permit dedication to another appropriate governmental agency or an established incorporated nature conservation organization, if Borough Council deems appropriate, and if officially offered by the entity currently responsible for ownership and maintenance.
K. 
Enforcement and Modifications of Provisions of a PRD.
(1) 
Provisions of an approved PRD plan relating to (A) the use, bulk and location of structures; (B) the amount and location of common open space; and, (C) the density of development shall run in favor of the Borough and shall be enforceable in law or in equity to the Borough without limitation on any powers of regulation otherwise granted the Borough by law.
(2) 
All provisions of an approved PRD plan shall run in favor of the property owners of the PRD, but only to the extent expressly provided in the development plan, and to the extent such provisions, whether recorded by plat, covenant, easement or otherwise may be enforced by law or equity by said residents acting individually, jointly or through an organization designated in the development plan to act on their behalf; provided, however, that no provisions of the development plan shall be implied to exist in favor of residents of the PRD except as to those portions of the development plan which have been finally approved and have been recorded.
(3) 
All provisions of the development plan authorized to be enforced by the Borough under this section may be modified, removed or released by Borough Council for good cause, except grants or easements relating to the service or equipment of a public utility subject to the following conditions:
(a) 
No such modification, removal or release of the provisions of the development plan by the Borough shall affect the rights of property owners within the PRD to maintain and enforce those provisions, at law or equity, as provided in this section.
(b) 
No modification, removal or release of the provisions of the development plan by the Borough shall be permitted except upon a finding by Borough Council at a regular public meeting or a public hearing on such matter that such change is: (i) consistent with the efficient development of the entire PRD and the preservation of the open space; (ii) does not adversely affect the public interest or the enjoyment of land adjacent to the PRD; and, (iii) is not granted solely to confer a special benefit upon any person.
(4) 
Property owners within the PRD may, to the extent and in the manner expressly authorized by provisions of the development plan, modify, remove or release their rights to enforce the provisions of the development plan that are granted to them, but no such action shall affect the right of the Borough to enforce the provisions of the development plan in accordance with the provisions of this section.
(5) 
Minor Adjustments to a PRD. Minor adjustments to a previously approved PRD (such as but not limited to the minor shifting in the location of principal buildings, off-street parking areas, driveways, accessways or common open space or adjustments in phasing) shall require review of the Planning Commission and approval by the Borough Council under the same requirements that would apply to a revision to a final subdivision plan under the Subdivision and Land Development Ordinance [Chapter 22]. Such adjustments shall not require a new final approval as a PRD, unless the overall scheme of development is altered, as determined by the Planning Commission.
[Ord. 776, 6/21/1993, § 308]
1. 
Purposes. To allow flexible development of areas with sensitive natural features so as to (A) avoid severe soil erosion and sedimentation; (B) avoid severely increased stormwater flows and speeds; (C) steer development to those areas that are more physically suited for it; (D) avoid construction of steep roads that are difficult, time-consuming, and expensive to maintain and plow snow upon; (E) avoid increased use of steep roads and driveways that are dangerous to drive upon in snow and ice, (F) conserve forested areas that are an important part of the ecological cycle, providing for groundwater recharge, air pollution reduction and wildlife habitats; and, (G) reduce construction costs while (H) allowing each property owner a reasonable use of his/her land, related directly to the natural features and location and accessibility of the land. To encourage the preservation of significant areas of common open space.
2. 
Applicability. This section allows an applicant the option to reduce the minimum lot areas on tracts of land if the applicant proves to the satisfaction of the Borough Council that all of the requirements of this section will be complied with.
A. 
The term "SFCD" shall mean a single-family detached cluster development meeting the requirements of this section as a conditional use.
B. 
A tract may be eligible for approval for a single-family cluster development if it includes a minimum of one acre in common ownership in a permitted district.
C. 
Tract Area. For the purposes of this section, the term "total area of the tract" shall mean the total lot area or the total lot area of contiguous lots in common ownership minus areas within the existing and future rights-of-way of existing streets. The total area of the tract may include: (1) the right-of-way of any new future streets proposed within the tract; and (2) any proposed open space.
D. 
The SFCD shall be designed as a unified, coordinated residential development, and shall be approved within a development plan controlled by a single developer. After final subdivision approval and within an approved development agreement, a developer may sell individual lots to different builders or home buyers, provided that the developer or his/her successor remains responsible for ensuring the compliance with the approved development plan.
E. 
The application shall be submitted and decided upon as a conditional use, within the procedures of Part 1. The application shall be reviewed by the Planning Commission and be approved or disapproved by the Borough Council.
3. 
Reduction of Lot Width and Lot Area. If approved as a SFCD, then the minimum lot area and minimum lot width of the following districts may be reduced as follows for single-family detached dwellings; provided, that the minimum average lot area per dwelling unit on the entire tract meets the requirement stated below:
Zoning District
Conventional Min. Lot Area***
(square feet)
Permitted Min. Lot Area In A SFCD***
(square feet)
Permitted Min. Lot Width In A SFCD
(feet)
Min. Average Lot Area Per Dwelling Unit Permitted In A SFCD**
C-R*
20,000
15,000
100
17,000
R-L*
9,000
8,000
70
8,000
R-M*
7,000
6,000
55
6,400
NOTES:
SFCD = Single-family cluster development.
*
A SFCD shall only be permitted if all dwellings are served by both public sewage and public water service.
**
Shall be calculated based upon the "total area of the tract," which includes the common open space and area of proposed streets (see definition above).
***
Except where the steep slope regulations of § 27-505 apply. This section shall not allow the reduction of lot area below what may be required by § 27-505 for steep slope areas. However, through the use of the smaller minimum lot areas in this section, the lot layout may be able to be revised to move proposed building sites away from steeply sloped portions of a tract so that the requirements of § 27-505 no longer apply.
Min. = Minimum
Max. = Maximum
4. 
Other Requirements. All of the same regulations in this chapter and other Borough ordinances that would apply to any other development shall also apply to a SFCD, except for those requirements that are specifically stated in this section as being adjusted.
5. 
Conditions for Approval. In addition to the specific requirements of this section, a SFCD shall only be approved as a conditional use if the applicant proves to the satisfaction of the Borough Council, based upon review by the Planning Commission, that the following conditions will be met:
A. 
That the SFCD would clearly serve a valid public purpose that would result in a development that would be superior to what would result if the land would be development as a conventional development. Such valid public purposes include but are not limited to the following:
(1) 
The permanent preservation through deed restrictions of dense forests, steep slopes, wetlands, creek valleys, highly scenic areas or other sensitive natural features.
(2) 
The permanent preservation of a substantial area of land in agricultural uses, in a sized tract that allows for efficient agricultural use.
(3) 
The dedication of public parkland at a site along a perennial waterway or that is adjacent to existing public parkland or where a proposed park is recommended by the Borough's Comprehensive Plan or Park and Recreation Plan or that is otherwise deemed by the Borough Council to be clearly suitable for active or passive recreation.
(4) 
The clustering of homes in a location that will be substantially buffered from highly-noxious nuisance generating uses, such as an existing or planned expressway or major arterial highway.
B. 
That the SFCD has been designed in full consideration of important natural features, including mature woodlands, creek valleys, steep slopes and wetlands. Areas along creeks shall be preserved in their natural state, except for landscaping, erosion control improvements and needed utility, street and driveway crossings.
6. 
Open Space.
A. 
Minimum Amount of Open Space.
(1) 
A minimum of 20% of the tract area within a SFCD shall be permanently preserved as public, semipublic or private open space, which shall be preserved by a conservation easement or dedication within the requirements of this section.
(2) 
The required open space under this section shall be in addition to any open space required to be preserved or dedicated or fees in lieu of recreation land that may be required under other sections of this chapter or the Borough Subdivision and Land Development Ordinance [Chapter 22].
B. 
Method of Preserving Open Space.
(1) 
The method of ownership and preservation of the required open space shall be determined prior to conditional use approval. The Borough shall be given right of first refusal at the time of the conditional use review to accept proposed open space as public open space. Required open space shall be permanently preserved by one of the following methods:
(a) 
Dedication to Emmaus Borough as public open space, if the Borough Council agrees in writing to such dedication and agrees to maintain such land for public open space.
(b) 
Dedication to the County of Lehigh as public open space, if the County government agrees in writing to such dedication and agrees to maintain such land for public open space.
(c) 
Dedication to the East Penn School District if the school district agrees in writing to accept such dedication and to use and maintain the land for public school buildings and public open space.
(d) 
Dedication to a legally binding homeowner association as common nonpublic open space, with such homeowners being legally bound to ensure the maintenance and preservation of such land.
(e) 
Dedication of the land itself or dedication of a permanent conservation easement to an established nature conservation organization acceptable to the Borough Council. (Such dedication may or may not involve actual ownership by such organization and may or may not provide for public access.) If only a conservation easement is to be dedicated, then such open space may remain privately owned within certain lots that are larger than would otherwise be required.
(f) 
Dedication of a permanent conservation easement to the Borough, with such land remaining privately owned and part of individual lots. The Borough may also require that duplicate conservation easements be provided through agreements with both the Borough and a nature conservation organization to provide increased assurance that the land will be preserved.
(2) 
The Borough Council shall only approve a SFCD if such Council determines that there will be an acceptable method to ensure permanent preservation of the required open space. Narrow stretches of isolated publicly-owned open space stretching between residential lots should be avoided because of limited usefulness and to ensure the security and privacy of nearby residents.
C. 
Open Space Standards. Required open spaces shall meet all of the following requirements:
(1) 
Such open space shall be permanently deed restricted to prevent the construction of buildings or the use for any commercial purposes or the use of the land for commercial forestry.
(2) 
Stormwater detention basins and areas within 25 feet of existing or proposed buildings shall not count towards the required open space, except for areas that the applicant proves to the satisfaction of the Borough Council will clearly be suitable and safe for active or passive recreation.
(3) 
Wetlands as defined by current federal or state regulations shall not count towards the required open space.
(4) 
Land immediately beneath or within 50 feet of electric overhead transmission lines of 35 or more kilovolts of intended capacity and towers shall not count towards the required open space.
(5) 
Open space intended to be open to the public shall meet one of the following two requirements:
(a) 
Have pedestrian access a minimum of 20 feet width to a public street or a private street to which the public is permanently granted access and be a minimum of three contiguous acres in area; or,
(b) 
Directly abut an existing common open space area which has such access.
(6) 
Any homeowner association agreement shall be subject to review by a Solicitor appointed by the Borough Council, and the Borough Council may require reasonable adjustments to such agreement based upon such review. The provisions of § 705(f) parts (1) and (2) of the Pennsylvania Municipalities Planning Code, as amended, 53 P.S. § 10705(f) or such successor sections, shall serve as a general guide for such agreement.
(7) 
Improvements to Open Spaces. The application shall include a detailed and legally binding (if approved) description of what improvements the applicant will make to any land intended to be publicly dedicated to make it suitable for its intended purpose.
(a) 
Examples of such improvements for areas intended for passive recreation include preservation and planting of trees, development of nature, bicycle or jogging trails, the stabilization of creek banks and the removal of undesirable vegetation.
(b) 
Examples of such improvements for areas intended for active recreation include rough grading of land to create land suitable for free-play fields for youth.
(c) 
All proposed open spaces shall be cleared of construction debris, materials from illegal dumping and any rocks that were not naturally on the land, unless those rocks are incorporated into landscaping improvements.
7. 
Uses. A SFCD may only include single-family detached dwellings, golf course (with areas within the SFCD having a 3% maximum impervious coverage), nature preserves, Borough-owned recreation and their customary permitted accessory uses.
8. 
Phasing. The development shall include a phasing system that shall be approved by the Borough Council. Such phases shall ensure that the requirements of this Part would be met after the completion of any one phase, and that the development could properly function without the construction of additional phases.
[Ord. 776, 6/21/1993; as added by Ord. 937, 11/5/2001, § 6]
1. 
In addition to the provisions for the B-C District in Part 9, and in addition to other requirements of this chapter, the following requirements shall apply to all development in the B-C District:
A. 
Porches. No front porch in the B-C District shall be enclosed in any manner above the height of 42 inches as measured from the floor of the porch.
B. 
Fences. Chain link fencing surrounding parking lots that are a principal use or an accessory use to a business use shall not be permitted.
C. 
Temporary Outdoor Encroachments. Outdoor cafe style seating, including tables, chairs, planters and one A-frame sign no larger than three feet wide by four feet high are permitted. Sidewalk cafes are permitted as of right. No temporary encroachment permit fee shall be collected from property owners. Encroachments shall not be a hazard to the public, shall not impair pedestrian access and shall be easily removable. A Borough sidewalk width of six feet must be maintained.
D. 
Awnings. Canvas retractable awnings are permitted. Back lit awnings with interior illumination shall be prohibited.
E. 
Height of Buildings. With the exception of mid-rise apartment buildings as described in the Table of Uses, newly constructed buildings shall be a minimum of two stories high and a maximum of 50 feet high.
F. 
Windows. All windows above the first floor shall be vertically oriented as demonstrated by the graphic below:
027aa Vertically Oriented Windows.tif
G. 
Build to Lines/Front Setback. Newly constructed principal structures must be built within eight feet of the property line. There is a zero foot front setback.