A.
Minimum lot size. All new uses in all districts shall conform to the minimum lot size requirements outlined in Part 2, Zoning Uses, Districts and Regulations, under the appropriate uses and district.
B.
Minimum lot width. All new uses in all districts shall conform to the minimum lot width requirements outlined in Part 2, Zoning Uses, Districts and Regulations, under the appropriate use and district.
C.
Build-to line or setback. All new uses in all districts shall conform to the minimum build-to line or setback requirements outlined in Part 2, Zoning Uses, Districts and Regulations, under the appropriate use and district; except that:
(1)
Where a new building does not propose a porch, portico or stoop,
such building shall be set back six feet from the build-to line in
order to accommodate a future porch, portico or stoop.
(2)
Where lots comprising 50% or more of the frontage on the same side
of a block or, in the case where there is no block, on the same side
of the street between two intersecting streets are developed with
buildings having shorter build-to lines than that required for the
particular zoning district, the shorter build-to line shall establish
the build-to line for the remainder of the frontage.
(3)
The build-to line shall apply to the first four stories of building
height only. Any additional stories shall meet the setback requirements
of the underlying zoning district or applicable zoning overlay.
D.
Minimum yard requirement. All new uses in all districts shall conform to the minimum yard requirements outlined in Part 2, Zoning Uses, Districts and Regulations, under the appropriate use and district.
E.
Corner lots. Corner lots shall have two front yards and one rear
yard.
F.
Maximum building height.
(1)
All new uses in all districts shall conform to the minimum building height requirements outlined in Part 2, Zoning Uses, Districts and Regulations, under the appropriate use and district.
(2)
Chimneys, mechanical towers, church spires, cupolas and similar features
may exceed the requirements outlined in each zoning district by a
maximum of 12 feet.
(3)
In the case of a sloped site where the slope is greater than 5%,
the building height may be measured separately for each forty-foot
segment, as measured along the primary façade.
G.
Maximum impervious surface. All new uses in all districts shall conform to the maximum impervious percentages outlined in Part 2, Zoning Uses, Districts and Regulations, under the appropriate use and district.
H.
Required sight triangle.
(1)
In any district, no structure, fence, planting, or other structure
shall be maintained between a plane two feet above curb level and
a plane 10 feet above curb level so as to interfere with traffic visibility
within 15 feet from the intersection. On any corner lot in the DD,
BE, INS-1, INS-2, WW/INS-2 T, or CH/INS-1 T Zoning District, the sight
triangle shall be reduced from 15 feet to eight feet.
(2)
At each point where a private accessway intersects a public street
or road, a clear sight triangle of eight feet, measured from the point
of intersection of the street line and the edge of the accessway,
shall be maintained, within which any visual obstructions shall be
limited to a height of not more than two feet above the curb level
and a plane 10 feet above curb level. When a private access point
intersects an alley, then the clear sight triangle may be reduced
to three feet.
(3)
An existing building may be replaced with a new building without
needing a larger setback to comply with this subsection.
A.
Intent.
(1)
The following environmental control and protection standards are
established to protect the public health, safety and welfare by minimizing
adverse environmental impacts and are specifically authorized by § 604
of the Pennsylvania Municipalities Code, 53 P.S. § 10604,
as enacted and amended. These standards are intended to meet the following
purposes:
(a)
Promote and implement §§ 603(c)(7), 603(g)(2),
and 604(1) of the Pennsylvania Municipalities Code, 53 P.S. §§ 10603(c)(7),
10603(g)(2) and 10604(1), providing for the protection and preservation
of environmentally sensitive areas and natural resources through municipal
zoning ordinances.
(b)
Define and delineate selected environmental resources within
the City and establish resource protection standards to assist the
City in reducing the impact proposed uses will have on the environment.
B.
Environmental controls.
(1)
No use or activity shall endanger the critical features of the environment
through pollutants and other degradation.
(2)
All uses shall comply with City standards regarding land, noise,
water and air quality.
(3)
No use or activity established after the effective date of this chapter
which transmits or receives electrical or electromagnetic waves or
signals shall adversely affect the operation of any equipment beyond
its lot lines.
(4)
No use or activity established after the effective date of this chapter
shall direct or reflect heat or glare, whether from lights or from
high-temperature processing such as welding or otherwise, beyond its
lot lines.
(5)
No use or activity established after the effective date of this chapter
shall produce any vibration which is discernible without the aid of
instruments beyond its lot lines.
(6)
No construction shall take place, fill added, soil removed, or any
other activity take place as to alter the existing grade of a property,
that will alter water runoff without review and approval by the City
Engineer and Zoning Administrator.
C.
Resource protection standards.
(1)
Wetlands.
(a)
Delineation. The applicant shall delineate the limits of wetlands
on the site in accordance with the following:
[1]
A full wetland delineation report conducted by a qualified wetland
biologist, soil scientist, or environmental professional of demonstrated
qualifications shall be submitted to the City. If there is a question
as to the accuracy of the wetland delineation report, the City may
hire a qualified consultant to review the delineation and recommend
revisions, at the applicant's expense.
[2]
Such a professional shall certify that the methods used correctly
reflect the currently accepted technical concepts, including identification
and analysis of wetland vegetation, hydric soils and hydrologic indicators.
Methods used in the delineation report shall be acceptable to the
City Engineer.
[3]
The wetland report shall include a determination of whether
wetlands are present or not present on the site and a full delineation,
area measurement (in square feet), and description of any wetlands
determined to be present.
(b)
Resource protection standards.
[1]
Any applicant proposing a use, activity or improvement which
would entail the regrading or placement of fill in wetlands shall
provide the City with proof that the Pennsylvania Department of Environmental
Protection (Bureau of Dams and Waterway Safety and Bureau of Water
Quality Management) and the U.S. Army Corps of Engineers have been
contacted to determine the applicability of state and federal wetland
regulations. The applicant shall concurrently provide to the City
a copy of the application and any other wetlands information submitted
to the Department of Environmental Protection and the U.S. Army Corps
of Engineers.
[2]
Wetlands shall not be regraded, filled, piped, diverted, channeled,
built upon, or otherwise altered or disturbed except where state or
federal permits have been obtained.
[3]
Existing wetlands shall not be used for stormwater management
except where the wetlands are highly degraded and a mitigation program
is provided.
(2)
Wetland buffer.
(a)
Except as noted below, no more than 20% of a wetland buffer
shall be regraded, filled, built upon, or otherwise altered or disturbed.
(b)
The following uses or activities shall be permitted in the wetland
buffer and shall not be counted towards the 20% disturbance allowance:
[1]
Regulated activities permitted by the commonwealth.
[2]
Provision for unpaved trail access.
[3]
Selective removal of hazardous or invasive alien vegetative
species.
[4]
Vegetation management in accordance with an approved landscape
plan.
[5]
A soil or stream conservation project approved by the Northampton
County Conservation District.
(3)
Riparian buffers.
(a)
Delineation. For purposes of this chapter, riparian buffers
shall be divided into two zones:
[1]
Zone 1: Inner Riparian Buffer. This zone begins at the top of
each stream bank of an identified watercourse and occupies a margin
of land with a minimum width of 35 feet measured horizontally on a
line perpendicular to the edge of the water at the top of the defined
bank, as reviewed and approved by the City Engineer. Where very steep
slopes (25% and over) are located within 35 feet of a watercourse,
Zone 1 shall extend the entire distance of this sloped area.
[2]
Zone 2: Outer Riparian Buffer. This zone begins at the outer
edge of Zone 1 and occupies a maximum width of 35 feet in addition
to Zone 1.
[a]
In cases where Zone 1 extends beyond 35 feet due
to the presence of very steep slopes, the width of Zone 2 shall be
adjusted so that the total riparian buffer width equals a total width
of 70 feet.
[b]
Where the entire width of the Zone 2 riparian buffer
is not wooded, the outer edge, up to the maximum seventy-foot width,
shall be maintained as a filter strip of dense grass or other features
to provide sediment filtering, nutrient uptake, and convert concentrated
flow to uniform, shallow sheet flow.
[3]
Measurements for the Zone 1 boundary are to be made horizontally,
perpendicular from the following reference points: edge of stream
bank of perennial streams, center line of intermittent streams, and
mean water level of lakes and ponds. Measurements for the Zone 2 boundary
are to be made horizontally, perpendicular from the boundary of the
environmentally sensitive lands (see Diagrams 5-1, 5-2).
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Diagrams 5-1 and 5-2 Notice: Diagrams are for illustration purposes
and are not to be construed as the operative language of the Zoning
Ordinance. The obligations are governed only by the written standards
set forth in this chapter.
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(b)
Resource protection (see Diagram 5-3).
[1]
Zone 1 riparian buffer: Except as noted below, no land disturbance,
shall be permitted within the Zone 1 riparian buffer.
[a]
Regulated activities permitted by the commonwealth.
[b]
Provision for trail access.
[c]
Selective removal of hazardous or invasive alien
vegetative species.
[e]
A soil or stream conservation project, including
reforestation and stream bank stabilization, approved by the Northampton
County Conservation District.
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|
Diagrams 5-3 Notice: Diagrams are for illustration purposes
and are not to be construed as the operative language of the Zoning
Ordinance. The obligations are governed only by the written standards
set forth in this chapter.
|
[2]
Zone 2 riparian buffer. Except as noted below, no more than
35% of a Zone 2 riparian buffer shall be regraded, built upon or otherwise
altered or disturbed.
[a]
Those activities permitted in the Zone 1 riparian
buffer shall be permitted in the Zone 2 riparian buffer and shall
not count towards the 35% disturbance limit.
[3]
Prohibited uses in a riparian buffer.
[a]
Clear cutting of trees and other vegetation.
[b]
Selective cutting of trees and other vegetation,
except where such clearing is necessary to prepare and for an approved
land development or subdivision application and where the effects
of these actions are mitigated by revegetation.
[c]
Removal or disturbance of vegetation that is inconsistent
with erosion control.
[d]
Storage of any hazardous or noxious materials.
[e]
Use of fertilizers, pesticides, herbicides, and/or
chemicals in excess of prescribed industry standards.
A.
B.
Intent. The intent of this section is as follows:
(1)
To conserve and protect sloped land from inappropriate development,
such as excessive grading and extensive vegetation removal.
(2)
To avoid potential hazards to property and the disruption of ecological
balance which may be caused by increased surface water runoff, flooding,
soil erosion and sedimentation, blasting and ripping of rock, and
landslides.
(3)
To encourage the use of sloped land for conservation and other uses
which are compatible with the preservation of natural resources and
protection of the environment.
(4)
To avoid loss of biodiversity and wildlife habitat and corridors.
C.
Interpretation. Interpretation of steep slope areas:
(1)
In any application where the lot includes areas of steep, very steep
slopes and severely steep slopes, the applicant shall, using two-foot
contours, delineate slopes from 12% to 25%; greater than 25% but less
than 35%; and greater than or equal to 35%. The applicant shall use
an actual field topographic survey as the source of contour information
and the basis for depicting such slope categories.
(2)
This section shall apply only to those steep, very steep, and severely
steep slopes which exist for three consecutive two-foot contour intervals
(six cumulative vertical feet of slope). All steep, very steep, and
severely steep slope areas shall be shown for the purpose of City
review and verification, but only those occurring over three consecutive
two-foot contour intervals will invoke the standards of herein.
(3)
Once delineated, the mapping provided by the applicant shall be reviewed
by the City Engineer. The applicant shall be required to follow all
regulations of this section for those areas which reflect steep and
very steep slope conditions as determined in accordance with this
section through the City Engineer's review.
D.
Application procedures.
(1)
Before a permit is issued for any construction or land disturbance
on land within or affecting steep and very steep slope areas, the
following material shall be submitted for review by the City Engineer:
(a)
Plans drawn to a scale of at least one-inch equals 50 feet,
sealed by a registered professional engineer, depicting the following:
[1]
The location, dimensions and elevation of the property.
[2]
Existing and proposed uses and development.
[3]
An earthmoving plan of the property which indicates existing
and proposed grades with contour lines at two-foot intervals within
the area of any proposed activity, disturbance or construction. All
areas of steep and very steep slope shall be graphically highlighted.
[4]
A site plan indicating existing and proposed buildings, structures,
other impervious surfaces, storm drainage facilities and retaining
walls. The site plan shall also depict within areas of steep and very
steep slopes existing vegetation, including woodlands, open areas
and their ground cover type, as well as proposed landscaping material
to be installed.
[5]
Typical cross section and elevations of the property and proposed
buildings and structures at intervals prescribed by the City Engineer,
as well as architectural plans, building elevations, and site sections.
[6]
Photographs showing existing uses, vegetation and topography
within the steep and very steep slope areas.
[7]
A statement signed and sealed by a registered architect or professional
engineer explaining the building methods to be used in overcoming
foundation and other structural problems created by slope alteration;
the proposed techniques to preserve natural drainage and prevent soil
erosion and sedimentation; and the methods proposed to avoid excessive
surface water runoff to neighboring properties and/or streets.
[8]
Plan, profile and typical cross sections of any proposed street,
emergency access or driveway within areas of steep and very steep
slopes, with the seal of a registered professional engineer thereon.
E.
Standards and criteria for applications. In evaluating any application,
the City Planning Commission shall determine consistency of the proposal
with the following:
(1)
In areas with a natural slope of 12% to 25%, no more than 30% of
such areas shall be regraded, cleared, built upon or otherwise altered.
(2)
In areas with natural slope of 25% to 35%, no more than 15% of such
areas shall be altered, regraded, cleared, built upon or otherwise
altered.
(3)
Disturbances shall be minimized where the length or area of steep
and very steep slope is extensive both on the site and on adjacent
lands within 50 feet of the site.
(4)
In areas where the natural slope is 35% or greater, no area shall
be altered, regraded, cleared, built upon or otherwise altered. Exceptions
include approved trail development or repair.
(5)
The proposed development, any impervious cover and resultant disturbance
to the land and existing vegetative cover will not cause stormwater
runoff and/or related environmental problems off the site.
(6)
Removal of or disturbance to existing vegetation in steep slope areas
shall be minimized. The proposed impacts on existing vegetation shall
be evaluated in terms of the potentially detrimental effects on slope
stability, conveyance and recharge of stormwater, aesthetic characteristics
of the landscape and existing drainage patterns. Further, it shall
be demonstrated that any and all reasonable mitigation techniques
and procedures will be utilized or have been considered in the preparation
of the plan, such as revegetation measures, control of soil erosion
and sedimentation, stormwater management, and the like. For purposes
of such demonstration, the City may request additional information,
including, but not limited to, an erosion and sedimentation plan.
(7)
Important visual qualities of the site shall be retained to the maximum
extent possible. In addition to vegetation, these may include hilltops/ridgelines,
rock outcroppings, and the natural terrain and contours of the site.
(8)
Road and driveway construction shall follow the natural topography
to the maximum extent possible. Cuts, fills and grading shall be minimized.
(9)
Innovative, imaginative building techniques that are well-suited
to slope conditions shall be encouraged, consistent with other applicable
codes and regulations.
(10)
The stability of the slope, as characterized by the existing
interrelationships among the soil, vegetation, and rock, shall be
disturbed as little as possible.
(11)
Proposed buildings and structures shall be of sound engineering
design. Footings shall be designed in response to the site's slope,
soil and bedrock characteristics. Footings shall extend to stable
soil and/or bedrock.
(12)
All disturbed areas shall be stabilized and seeded or planted,
and notes to this effect shall appear on all plans.
(13)
Finished slopes of all permitted cut and fill shall not exceed
three to one or 33%, unless the applicant can demonstrate the method
by which steeper slopes can be stabilized and maintained adequately.
