[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:
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C-R
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Conservation - Residential District
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R-L
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Low Density Residential District
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R-M
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Medium Density Residential District
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R-HO
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High Density Residential District Office
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R-P
|
Planned Residential District
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B-H
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Highway Commercial District
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B-L
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Limited Commercial District
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B-C
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Central Commercial District
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I-L
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Light Industrial District
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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.
[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.
[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:
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P
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=
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Permitted by right (zoning decision by Zoning Officer)
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C
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=
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Conditional use (zoning decision by Borough Council with review
by Planning Commission)
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SE
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=
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Special exception use (zoning decision by Zoning Hearing Board)
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N
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=
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Not Permitted
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(§ 27-402)
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=
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See additional requirements in § 27-402
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(§ 27-403)
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=
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See additional requirements in § 27-403
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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.
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.
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.
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.
[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.
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.
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.
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.
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:
(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:
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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.
