Article IV Basic District Regulations

Regulations governing the use of land within the various zoning districts shall be as set forth in Schedule I, below,[1] and in § 350-14.

Editor's Note: Said schedule is included as an attachment to this chapter.

Specific use requirements and required criteria for such uses are included in the following sections:

Permitted uses: see § 350-15.

Special exception uses: see § 350-16.

Conditional uses: see § 350-17.

Regulations governing the size of lots, yards and buildings.

Regulations governing the size of lots, yards, buildings and impervious areas in the various zoning districts for permitted uses only shall be as set forth in Schedule II following Schedule I.[2]

Editor's Note: Said schedule is included as an attachment to this chapter.

The size of lots, yards and buildings for special exception and conditional uses shall be as set forth in §§ 350-16 and 350-17, respectively, except where no requirement is indicated in these sections then the requirements in Schedule II shall apply.

Minimum lot areas where environmental constraints exist.

Purpose of this § 350-13C.

The purpose of this § 350-13C is to identify certain existing environmental constraints which adversely affect the public health, safety and welfare, and which require lot sizes larger than the minimum lot sizes presently set forth in this chapter. These requirements will apply only to those specific areas of the Township in which these constraints are located. Lot size increases will be directly related to the number and type of specific adverse environmental constraints existing in the proposed lot. Lots which do not have these constraints will not be enlarged and will be subject only to minimum lot sizes established by this chapter.

The primary objective of this procedure will be to eliminate.[3]

Editor's Note: So in original.

General procedure for increasing minimum lot sizes.

Assuming that there are no adverse environmental constraints, the area sizes set forth in this chapter for each zoning district is the minimum lot area required. This lot area shall be increased depending on the type and number of natural and man-made constraints on the lot, as quantitatively set forth in Schedule III, following Subsection C(3) below. Each constraint has been assigned a development suitability factor indicating the degree to which the constraint reduces the suitability of any portion of the lot for development.

The sum total of all of the constraints for each lot is required and if the total net constraints of all portions of the site amount to 75%, then the actual size of the lot would have to be adjusted to 2.67 acres. This adjustment would compensate for the adverse conditions where possible and will increase the size of lots thereby reducing the density of development. Both courses of action will mitigate the deficiencies of the lot thereby improving overall environmental conditions. It will make the lot more equivalent to the minimum lot area set forth in this chapter and will improve development in the area.

This reduction of the overall gross density of the area will have a beneficial effect on the environment.

Constraints and development suitability factors.

The proposed natural and man-made environmental constraints located on any lot are identified in the first column of the Schedule III below. The first six of these constraints identify conditions which are completely unsuitable for development as lots. They include the following:

Street or public rights-of-way;

Utility rights-of-way;

Stormwater management easements and structures;

Wetland areas;

Areas located in any 100-year floodplain;

Water bodies including but not limited to ponds, lakes and streams;

Areas subject to subsidence due to sinkholes or other conditions.

The other seven constraints which only partially restrict the suitability of a lot or tract for development have also been identified. Quantitative levels of restriction for development have been established based on the opinions of engineers and soil scientists and on the requirements of recognized public agencies such as PADEP and the Federal EPA and of the publication issued by the U.S. Department of Agriculture Soil Conservation Service prepared in July 1974. This Survey included a detailed summary and evaluation of all of the soils in Upper Mount Bethel Township and the remainder of Northampton County.

That Soil Survey identifies the types of adverse soil conditions exist in the Township which partially restrict the development of a lot or tract of land. These adverse conditions include the following:

Steep slopes exceeding grades of 15% and 25%;

Seasonal high water tables;

Shallow depth to bedrock;

Lack of public or central water and sewer facilities.

Therefore, for the areas which have conditions which partially restrict development, the degree of the restriction will depend upon the severity of the condition. This may range from minimal conditions requiring no restrictions, to situations of areas with steep dangerous slopes with grades of 25% or greater, requiring a significantly larger lot size to compensate for the severe restrictive conditions.

Many sites do not experience any of these adverse conditions and for those lots, there is therefore no need to increase the minimum lot area established by this chapter.

Schedule III Development Suitability of Land Areas Adversely Affected by Various Environmental Constraints [Amended 4-27-2009 by Ord. No. 2009-07]
Type of Constraint	Development Suitability (%)^(a)
Streets (to ultimate right-of-way)	0.00
Utility rights-of-way (not including lot line easement)	0.00
Stormwater management easements^(b)	0.00
Wetlands	0.00
100-year floodplain^(c)	0.00
Ponds, lakes, water bodies	0.00
Seasonal high-water table: (0 feet to 3 1/2 feet below surface):
With on-lot sewer and/or water	40
With central/public sewer	100
Shallow depth to bedrock: 0 to 3 1/2 feet below surface:
With on-lot sewer and/or water	40
With central/public sewer	100
Over 3 1/2 feet below surface	100
Steep slopes^(d)(e)
Slopes of 25% grade or greater	25
Slopes of 15% to less than 25% grade	33

(a)	0% means that the constraint considers the area to be completely unsuitable, with the suitability increasing as the percentage increases. 100% is considered to be completely suitable for development.
(b)	Includes detention/retention easements and easements containing stormwater management structures.
(c)	Limited development in a floodplain area may be permissable under Chapter 141, Floodplain Management, subject to conditional approval by the Supervisors and PADEP requirements where applicable.
(d)	See § 350-23 for additional overlay district requirement for steep slope areas.
(e)	Development in steep slope areas must comply with other applicable environmental constraints set forth in this chapter.

Determination of lot area where constraints exist. Where enivironmental constraints exist, the minimum lot area established by this chapter for all districts will have to be increased. All sections of each lot shall be analyzed and areas which have the constraints set forth in the preceding Schedule III shall be identified on a map. Each applicable section of the lot will be addressed by utilizing the development suitability percentage shown in that Schedule. The suitability percentages range from 0%, which is completely unsuitable for development, up to 100% for areas which are completely suitable for development.

Source of data.

The source of data available to the zoning applicant and his/her professional personnel, for making these determinations may include the following:

Use of topographic maps, aerial photos or site surveys to determine the grade of the steep slope areas;

The use of the County Soil Survey Study, referred to above, which provides information and tabular presentation on all of the development suitability requirements;

Field surveys required to identify potential sites for the location of on-lot sewage systems and information available from the Township's Sewage Enforcement Officer (SEO);

Use of wetland information available from the Army Corps of Engineers;

Tax maps and GIS information from the County Assessment Office;

Other reliable data available to the applicant, properly documented with copies submitted of pertinent information.

The applicant's engineer and/or land surveyor shall present the lot areas and overall density calculations on an existing features map or other suitable maps, together with a layout of the location of all proposed lot areas.

§ 350-14 Use classes in zoning districts.

Applicability to all sections of this chapter. None of the requirements set forth herein shall supersede any of the other requirements of this chapter, including all sections of this chapter and all attachments thereto. Furthermore, the restrictions and requirement of this § 350-13 shall be applicable to all permitted, special exception and conditional uses. Any conflict with any other section or requirement shall be resolved in favor of the more restrictive provision, as determined by the Board of Supervisors of Upper Mount Bethel Township.

The following use classes are hereby established as shown in Schedule I. Where required, individual uses shall be subject to site plan review in accordance with the requirements of this article and § 350-32.

Where a use is proposed which is not specifically listed in any specific use class, then the Zoning Hearing Board may determine the use class subcategory (as defined herein) which is most similar to the proposed use and said proposed use, if approved by the Board, shall be subject to all of the requirements of said use class subcategory.

In addition to the uses listed in the following uses classes, certain other similiar uses may be approved by the Zoning Hearing Board as set forth in § 350-9, in the definition of "similar uses, other," and § 350-40C.

All such uses shall be subject to the other applicable provisions of this chapter including, but not limited to, the provisions of Article VI for accessory uses, nonconforming uses, off-street parking and loading, signs, temporary uses, site plan review, screening, and to the requirements of § 350-19, Performance, traffic, environmental protection and community impact requirements, and other applicable requirements and to the policy for the provision of sewer and water facilities of § 350-34.

The specific uses included in each use class are outlined below.

§ 350-15 Permitted uses.

Uses listed as permitted uses in Schedule I shall require no special action by the Zoning Hearing Board, the Planning Commission or the Supervisors before a zoning permit is issued by the Zoning Officer, except where such uses are otherwise classified as special exception or conditional uses in accordance with § 350-14 or with other applicable sections of this chapter. Such uses shall comply with all of the applicable requirements of Schedule I and II.[1]

Use Class 1, Open Spaces Uses.

Includes agriculture, as defined herein, including crop farming and related agricultural processing (but excluding livestock and poultry farms), greenhouses, commercial forestry production and forestry services, open space conservation uses, steep slope areas, nature preserves, fish and wildlife refuges, wetlands, areas subject to flooding and limited outdoor recreation uses, including lakes, fishing, bird sanctuary, trails, walkways, and similar low-intensity recreational uses, including any related structures such as pavilions, park recreation sheds and related buildings which comply with other applicable requirements and which do not exceed 5% of the total lot area.

Open space uses also include reclamation areas, previously affected by extraction of resources, which are currently scheduled for cleanup and restoration.

Public and commercial/low-density outdoor recreation uses and boating facilities to provide access to the Delaware River and other recreational lake areas (see § 350-35 for camp and campground areas).

Wildlife refuges created by nonprofit outdoor nature and wildlife conservancy groups dedicated to the preservation of the area in its natural state and the protection of rare, threatened and endangered species (rare plants, animals and natural communities).

Outdoor camps created by nonprofit groups such as the Boy/Girl Scouts, and hunting or wildlife management organizations and hunting groups.

All open space uses identified above and developments located on a site which exceeds 15 acres in size.

Any related structures associated with the above uses shall not exceed 5% of the total lot area.

All of the above open space uses which exceed 15 acres in total area shall be approved by the Supervisors subject to the conditional use provisions of this chapter, including the requirements set forth in §§ 350-17 and 350-19.

Use Class 2, Agriculture.

Includes the following agriculture or agricultural related activities:

Agriculture and agricultural industry uses, as defined herein, and including the following uses.

Aquaculture.

Apiaculture (beekeeping).

Nurseries, greenhouses and related horticultural uses.

Logging and forestry.

Agricultural structure or other building customarily provided in conjunction with permitted agricultural and animal husbandry uses or for equipment storage provided the equipment is reasonable and necessary for agricultural purposes.

[Amended 4-27-2009 by Ord. No. 2009-07]

Dwellings for temporary quarters for farm laborers, incident to and necessary for the gathering of crops grown on the premises that conform to applicable state and federal regulations for such structures.

Wildlife sanctuary, nature center, outdoor education laboratory, woodland preserve or arboretum and outdoor recreation areas.

Cemeteries as provided for in § 350-33H.

In the OSC and A-1 Zoning Districts, the following uses which are related to the above agricultural uses are permitted, including the provision of farm related goods, and the processing, distribution and sale of primarily locally grown products, including roadside stands and sale of local craft items, provided that such uses shall be accessory to the principle use of the area for agricultural purposes and not intended to provide for the mass distribution of such products beyond the local market area.

Private or public camp and campground areas as defined and permitted in § 350-35.

Game farm, hunting and fishing reserves, or similar uses designed for the protection or propagation of wildlife.

Farmers markets and flea market operations, located in the A-1 and I-1 Areas only. Permanent farmers markets and flea market operations shall be located on a minimal parcel of two acres and such uses which may also be approved for temporary use (in accordance with § 350-31) may be located on a minimum one acre parcel size. Approval of all such uses shall be subject to the special exception requirements of this chapter.

Animal husbandry for personal and commercial purposes may be practiced in areas zoned for agricultural use in the A-1 Zone only on separate parcels or on sections of a farm parcel which are at least five acres in size. Animal husbandry of this type includes the following:

Raising and keeping of livestock and poultry in appropriate properly fenced locations and related structures consistent with proper health and sanitary practices required to assure the health of all animals, adequate disposal of all animal wastes, protection of the public health and the avoidance of nuisances, odors and sanitary problems for residents on the property and for nearby residential uses.

Livestock shall be confined to an area on the tract which is no closer than 50 feet to any side or rear lot line which abuts a residential use or zone, and shall be located no closer than 10 feet from any right-of-way line which abuts a road.

Poultry shall be located at least 75 feet from all property lines which abut a residential use or zone and such uses shall be housed in suitable structures designed for this purpose.

Properly maintained manure piles and application of septic sludge to the surface shall be located at least 100 feet from all property lines provided that they do not create nuisance, odor or health problems for persons on the tract and adjoining neighbors, subject to any applicable state and federal regulations.

Processing of animal products on the site shall be limited to animals primarily produced on the premises.

All farming activities shall be conducted in accordance with the following:

The "Right to Farm" Act.[2]

Editor's Note: See 3 P.S. § 951 et seq.

The PA Nutrient Management Act, No. 1993-6, as amended.[3]

Editor's Note: Said Act was repealed July 6, 2005, by P.L. 112, No. 38, § 3. See now the Nutrient Management and Odor Management Act, 3 Pa.C.S.A. § 501 et seq.

The PA Clean Streams Law (Chapter 91).[4]

Editor's Note: See 35 P.S. § 691.1 et seq.

Concentrated animal feeding operations ("CAFO") to comply with the National Pollutant Discharge and Elimination System (NPDES).

PADEP Publication titled "Manure Management for Environmental Protection," No. 361-0300-001, dated January 22, 2000.

Application of septage and for the spreading of manure shall conform with the following setbacks:

One hundred feet from a perennial stream.

Three hundred feet from a water source.

Three hundred feet from an occupied dwelling.

One hundred feet from a property line.

The following yard setbacks shall apply to any an A-1 Agricultural Zone, or to any residential home, or:[5]

Location	Yard setback required (feet)^(a)
Common property line	100
Facing common road	75

(a)	To be provided by the proposed residential home or[6]

Editor's Note: So in original.

Editor's Note: So in original.

The PA Department of Agriculture, the PADEP, the Northampton County Conservation District, the State Agricultural Extension Office, PA State Conservation Commission and other appropriate agencies may be called upon by the Township to provide technical advice and recommendations relative to such activities and facilities.

Use Class 3, Single-Family Residential. Includes single-family detached dwellings.

Use Class 4, Two-Family Residential. Includes single-family semidetached residential and two-family detached dwelling structures.

Use Class 5, Family Care Residential. Family care facilities, as defined herein in Article II, which provide service to individual residents in a private residence to six or fewer individuals which are not related to the resident household.

Use Class 6, Neighborhood Commercial. Includes the following permitted commercial use categories subject to review and approval by the Zoning Officer:

Wholesale and retail trade establishments including supermarkets and grocery stores, food establishments of all types including sale of fruits and vegetables, candy, nut and confectionery, bakeries, dairy products and other food.

General merchandise stores, mail order houses, variety stores, merchandise vending machine sales, direct selling organizations, radio, TV, and video and electronic sales and appliances of all types, clothing of all types, custom tailoring, furniture, home furnishings and equipment, music supplies, eating and drinking establishments as defined herein, but excluding nightclubs, drug and proprietary products, antiques, book and stationary stores, sporting goods and equipment.

Personal and household service establishments including laundering, dry-cleaning and dyeing services, photographic, video and electronic services and repair, beauty, barber and masseuse services, and apparel repair.

Business and professional services and offices, including legal, financial, insurance, real estate, accounting, engineering, architectural and other professional services and including office buildings of all types.

Business services and offices including advertising, consumer and mercantile credit reporting services, adjustment and collection services, duplicating, printing, mailing and stenographic services, news syndicate, employment services, computer services and repair, and off-street parking.

Membership clubs and clubhouses, art galleries and theaters.

Commercial indoor entertainment and recreation facilities and places of amusement carried out in a completely enclosed building, except for off-street parking and loading facilities as required herein.

The above uses shall be subject to the requirements of Schedules I and II[7] and also to the following additional restrictions:

Such uses shall be subject to the minimum and maximum regulations governing the size of lots, yards and buildings set forth in Schedule II in the zoning district in which the use is to be located.

Such commercial uses, either singly or in combination, shall be approved as a permitted use if it does not exceed the following gross square foot area if the zone in which it is to be located:

Buildings must be suitable for the type of use proposed in accordance with any applicable building regulations established by the Township or by other applicable agencies.

Remaining open spaces on the lot may be used for a combination of off-street parking and loading facilities as required herein, landscaping, and may include limited screened outdoor storage and garbage disposal area to serve the building, said areas not to exceed 25% of the gross first floor area of the building.

Required signs, fences, screening, landscaping and other uses may be permitted in accordance with the requirements set forth in Article VI, § 350-33A, of this chapter.

Editor's Note: Said schedules are included as an attachment to this chapter.

(9)

All uses shall comply with the sewer and water facility policy of this chapter (see § 350-34).

(10)

Applicable drive-through facilities for any of the above uses shall not be permitted, unless reviewed and approved as a conditional use by the Supervisors.

(11)

Auto service station, including minor repairs and services.

(12)

Adequate parking and loading facilities shall be provided as required herein, subject to the requirements of § 350-29.

(13)

Proposed uses which generate a traffic impact of more than 500 trip ends per day as described in § 350-19C shall be subject to the requirements for the submission of the major traffic impact study requirements of § 350-19C.

(14)

Such proposed uses which abut or are located nearby to residential areas shall be subject to the screening requirements of § 350-33A and to the performance, traffic, environmental protection requirements of § 350-19.

(15)

Other similar uses. See in § 350-9, the definition of "similar uses, other," and § 350-40C.

Use Class 7, General Commercial.

Includes general commercial uses located in structures with up to 2.5 stories, which may also include attic storage space above the second floor, located on a minimum size lot of two acres. Such uses are permitted uses, but they require the submission of a site plan as described in § 350-32 for review by the Zoning Officer and the Planning Commission.

All buildings or combination of separate buildings which exceed a gross square foot area of 35,000 square feet shall be reviewed as a Use Class 14, Special Commercial Conditional Use, by the Supervisors.

Proposed uses may include the following:

Permitted uses may include all of the uses listed in Use Class 6, § 350-15F(1) through (14) on the first and second floors. For communication towers and wireless communication facilities see Attachment G.[8]

Editor's Note: Ord. No. 99-03, Wireless Telecommunications (referenced as Attachment G) is included as an attachment to this chapter and entitled "Wireless Telecommunications."

Greenhouses for the production and sale of flowers and plants and the sale of lumber and other building materials; hardware, plumbing, heating, ventilating and electrical equipment and supplies; paint, carpets, glass, wallpaper, decorating supplies and farm equipment, farm and garden supplies, fuel and ice.

Medical and allied uses, including medical services and medical office buildings as defined herein, hospitals, medical and dental testing laboratories, medical and orthopedic appliance stores, retail outlet for drugs and medical supplies, and medical and dental offices and centers.

Warehousing and storage uses not exceeding 40% of the gross floor area of the building.

The second floor of any commercial building may also be used for well planned offices and for residential uses not exceeding 30% of the second floor area for one or two bedroom apartment units designed with separate entrances and exits leading to the second floor, which do not permit cross-connections between such office space and residential units.

Proposed uses may also include hotels and motels, bed-and-breakfast and other similar lodging accommodations, and related outdoor recreation facilities designed to primarily serve the clientele of these establishments.

Auto service stations, including major repairs.

Other similar uses. See § 350-9, in the definition of "similar uses, other," and § 350-40C.

Lawn and garden center.

[Added 4-27-2009 by Ord. No. 2009-07]

Lawn or garden outdoor property maintenance operation (if more than one employee).

[Added 4-27-2009 by Ord. No. 2009-07]

Use Class 8, General Industrial.

Includes general industrial uses, either singly or in combination, and not to exceed the gross square foot building square area as found in § 350-18, Size of buildings in nonresidential areas, Subsection A, Maximum building size. Such uses are permitted uses but they require the submission of a site plan § 350-32 for review by the Township Zoning Officer and the Township Planning Commission.

[Amended 5-9-2016 by Ord. No. 2016-02]

All buildings or combination of separate buildings which exceed the gross square foot building floor area as per § 350-18 shall be reviewed as a special exception use by the Township Zoning Hearing Board.

[Amended 5-9-2016 by Ord. No. 2016-02]

Proposed uses may include the following:

All uses set forth and included in Use Classes 6 and 7.

General industrial uses including the manufacture, fabrication, processing, assembly, repair, testing, packing and storage of all types of products made from previously prepared materials and also the processing of raw materials conducted primarily in an enclosed building (as defined herein).

[Amended 4-27-2009 by Ord. No. 2009-07]

Excavating contractor.

Landscape contractor.

Paving contractor.

Roofing contractor.

Research facilities, laboratories, high tech industries, medical research and pharmaceutical industries, research centers, educational institutions and technical centers to support these activities which do not jeopardize the health and welfare of employees and the Township as a whole.

Development of one or more new business incubator centers to promote and assist in the creation of new industry and jobs to benefit residents of the Township and adjoining municipalities.

Creation of new industrial parks attractively developed and designed to attract new industry.

Professional and business offices related to any permitted use in this use class.

Wholesale business, storage and warehousing establishments, truck and freight terminals, and delivery and distribution centers.

Wholesale produce and meat markets, mechanical and equipment repair establishments, greenhouse facilities, dry-cleaning and dyeing plants, carpet and rug cleaning establishments, laundries and sign painting, printing and engraving.

All of the above uses, including buildings and/or uses conducted within any open areas of the lot, shall be subject to all other applicable requirements established by the Township or other applicable agencies. All such uses may be located on any portion of the lot except for the designated yards, as required by Schedule II,[9] and as may be permitted by Article VI.

Certain accessory uses, normally considered to be accessory to industrial uses may be permitted for location in the designated yard areas in accordance with the requirements set forth in Articles V and VI or in other sections of this chapter.

Editor's Note: Said schedule is included as an attachment to this chapter.

Proposed uses which generate a traffic impact of more than 500 rip ends per day as described in § 350-19 shall be subject to the requirements for the submission of the major traffic impact study requirements of § 350-19C.

(k)

All general industrial uses must comply with the applicable performance, traffic impact, environmental protection and community impact analysis and requirements set forth in § 350-19 and with the definitions of "industry, compatible" set forth in Article II.

Use Class 8A, New Industrial Parks.

[Added 9-9-2020 by Ord. No. 2020-02]

Use regulations in planned industrial parks to be located on land located in the I-2 Industrial Zoning District. In planned industrial parks located on land in the I-2 Industrial Zoning District, a building or combination of buildings may be erected, altered or used, and a lot may be used or occupied for any of the following purposes or a combination of the following purposes:

Uses by right.

Industrial uses permitted by right in the I-2 Industrial Zoning District pursuant to Use Class 8 of this chapter of the Upper Mount Bethel Township Code.

Outside storage of materials, where such materials are enclosed by a fence erected of substantial materials conforming to the design of the building and where such use is accessory to a permitted use.

Areas for truck parking, queuing, and storage, provided that in such areas the idling of trucks shall be prohibited, electric service shall be supplied to such parked trucks, and lavatories shall be provided.

Gasoline station.

Truck stop.

Truck repair facility.

Hotel.

Restaurant.

Bank or financial institution.

Office building or office areas used in conjunction with a permitted industrial use.

[11]

Retail sales and services in a building or buildings not to exceed 30,000 square feet of floor area in each planned industrial park.

[12]

Facilities for the collection, treatment, and/or disposal of treated sewage effluent.

[13]

Parking structures which are accessory to the principal, permitted industrial use or uses.

[14]

Generation of electricity by solar power.

Uses by special exception:

Any nonresidential use of the same character as any of the uses herein before specifically permitted.

Cellular towers.

Use regulations in planned industrial parks to be located on land located in the I-3 Industrial Zoning District. In planned industrial parks located on land located in the I-3 Industrial Zoning District, a building or combination of buildings may be erected, altered or used, and a lot may be used or occupied by one or more of the industrial uses permitted by right or by special exception in the I-2 or I-3 Industrial zoning District pursuant to Use Class 8 of this chapter of the Upper Mount Bethel Township Code;

Tract area:

The minimum size of a tract of land on which a planned industrial park or parks may be developed in the I-2 Industrial Zoning District shall be 300 acres. However, such industrial parks may be developed in phases composed of a lot or lots of at least two acres each if the developer owns, in the aggregate, at least 300 acres which it intends to develop as a planned industrial park or parks.

The minimum size of a tract on which a planned industrial park may be established in the I-3 Industrial Zoning District shall be 50 acres.

Lots in a planned industrial park. A planned industrial park may contain multiple lots, each of which shall contain a minimum two acres.

Access to River Road. Each lot and building to be constructed in a planned industrial park shall have access to River Road through a road system composed of public or private roads, accessways, and driveways. With the exception of emergency vehicles, the design of a planned industrial park shall not permit truck traffic onto Township roads other than River Road.

Maximum building coverage. Not more than 40% of the area within a planned industrial park may be occupied by buildings. The 40% limitation shall be calculated based on the entire area of the planned industrial park and shall not be applied on a lot by lot basis. Therefore, the buildings in certain lots in a planned industrial park may exceed the 40% limitation, but all of the buildings on lots in the planned industrial park shall not collectively exceed the 40% building coverage limitation.

Size of buildings. The size of each building located in a planned industrial park shall not exceed 800,000 square feet. However, a building or buildings may exceed 800,000 square feet if approved as a conditional use by the Board of Supervisors. No more than three buildings in excess of 1,000,000 square feet shall be constructed on the land located in the Township's I-2 Zoning District.

Maximum impervious surface coverage. Not more than 60% of the area within a planned industrial park may be covered by impervious surfaces. The 60% limitation on impervious coverage shall be calculated based on the entire area of the planned industrial park and shall not be applied on a lot by lot basis. Therefore, the impervious coverage on certain lots in a planned industrial park may exceed the 60% limitation, but all of the impervious coverage on all of the lots in the planned industrial park shall not collectively exceed the 60% impervious coverage limitation.

(9)

Minimum setback of buildings from streets: 50 feet.

(10)

Minimum setback requirements for buildings measured from the tract perimeter. Every building shall be set back at least 10 feet from the tract boundary, except where the tract boundary abuts a residential or agricultural zoning district, in which case the setback shall be increased to 50 feet.

(11)

Minimum setback requirements for surface parking areas and interior roads, measured from the tract boundary. Any surface parking area or interior road shall be set back at least 10 feet from the tract boundary, except where the tract boundary abuts a residential district, in which case the setback requirement shall be increased to 50 feet.

(12)

Minimum distance between buildings. The distance at the closest point between any two buildings or groups of attached buildings shall be not less than 25 feet, except where an auxiliary building is to be used for housing a transformer(s), tank(s) or is to be used as a house or for other items which are to be used within the building it serves.

(13)

Maximum height. No building or other structure constructed on a lot in a planned industrial park shall exceed 100 feet in height. The 100-foot height limitation shall be applied only to the front elevation of the building along the street frontage, but shall not apply to the sides and rear where the site grading and/or topography is lower than the front elevation of the building. In determining the front elevation of the building, the elevation at each of the front corners of the building shall be averaged to determine the elevation from which the height of the building shall be measured ("average front elevation"). In determining the height of the building, the measurement shall be from the average front elevation to the average height of a building with a flat roof or if the building has a sloped roof to the mean height of the sloped roof, whichever is greater. Notwithstanding the foregoing, the maximum height of buildings may be increased to 110 feet if approved as a conditional use by the Board of Supervisors. However, the maximum height of a building which is located within 500 feet of the Township-owned community park shall not exceed 50 feet in height and the maximum height of a building located within 1,000 feet of the Township-owned community park shall not exceed 65 feet in height. In determining the height of a building or buildings, projections through the roof of the building for items such as elevator towers, heating or cooling units, parapet walls to screen rooftop equipment and protrusions, and other such items shall not be counted.

(14)

Lighting. All spaces between buildings and all parking, loading and unloading, access and service areas shall be adequately illuminated at night. Such illumination, including sign lighting, shall be arranged so as to protect the surrounding streets and adjoining property from direct glare. During the land development process for each subdivision or land development the developer shall either comply with § 350-33I, Outdoor lighting, of this chapter or obtain a variance from such section from the Township Zoning Hearing Board.

(15)

Projections. Water towers, storage tanks, processing equipment, fans, skylights, cooling towers, vents and any other structures or equipment which rise above the roofline shall be architecturally compatible or shielded from view from any public street by an architecturally sound method. In addition, any satellite dishes, whether mounted on the ground or rooftop, shall be architecturally compatible or effectively shielded from view from any public street by an architecturally sound method.

(16)

Interior drives. Interior drives providing access to each building within a planned industrial park shall be designed with a minimum paved width of 30 feet and with curvatures so as not to prevent blockage of vehicles entering and leaving the lot. The said thirty-foot minimum shall not apply to parking areas and accessways located on lots.

(17)

Utility lines. All utility lines servicing the buildings shall be placed underground within the lot lines, unless directed otherwise by the utility company.

(18)

Trash. All trash, garbage, rubbish and debris of every kind shall be stored within the building in fireproofed rooms or containers, or in a screened and shielded courtyard area, and shall be collected and disposed of on a frequent basis by private collectors and at no cost to the Township.

(19)

Landscaping regulations. All areas of the site not occupied or to be occupied by buildings and required improvements shall either be left as-is or be landscaped by installation of stone riprap, by the planting of grass or other ground cover, or shrubs and trees. A landscape plan prepared by a registered landscape architect shall be submitted with each plan application. The plan shall identify existing and proposed trees, shrubs, ground cover, natural features and other landscaping elements. The plan shall show the planting and/or construction details. When existing natural growth is proposed to remain, the applicant shall include in the plans proposed methods to protect existing trees and growth during and after construction.

(20)

Sewage disposal. If public sewage collection, treatment, and disposal is available such public sewage facilities shall be used. If public sewage collection, treatment and disposal is not available such other method or methods of sewage treatment and disposal as permitted by the regulations of DEP may be used. Such sewage facilities shall be located at least 500 feet from any house. Sludge generated by any sewage facility shall be hauled from such facility in liquid form and properly disposed of in an appropriate facility located outside the Township.

(21)

Tract buffer. Along all tract boundary lines which abut any residential or agricultural zoning districts, buffers shall be provided in accordance with the following regulation. The owner shall place and maintain a buffer area of 50 feet in width, a portion of which shall contain hedges, evergreens, shrubbery or other suitable vegetation of sufficient density within five years after planting to produce a visual screening appropriate to the topography, the existing vegetation and the use of adjacent land. Whenever possible, the owner shall use reasonable efforts to retain existing natural screening, such as vegetation and topography. Earth berms and/or fencing may be used alone or in combination with vegetation to achieve the buffer. As an alternative to the possibly linear appearance of the minimum requirements above, developers are encouraged to provide innovative, freeform buffers which need not be located entirely within the minimum required 50 feet width.

(22)

Entrance signs. Entrance signs displaying the name of the planned industrial park, the developer, owner or operator, but not building tenants, shall be permitted at the intersection of an entrance drive and a public right-of-way or two public rights-of-way, provided that the following regulations are met:

The maximum surface display area of the sign shall not exceed 100 square feet on any one face.

The maximum height shall not exceed 35 feet.

The sign shall be set back a minimum of 15 feet from the existing curbline or edge of paving of the entrance drive or public roadway (not right-of-way), measured from the vertical plane established by the leading edge of the sign. In no event shall the sign overhang any parking area, drive or pedestrian walkway or be closer than five feet to a public street or be installed in sight triangles necessary for the clear view of traffic.

(23)

Freestanding signs for individual buildings or tenants or multiple tenants. Freestanding signs identifying individual buildings, individual tenants or multiple tenants within a planned industrial park or portion of a planned industrial park shall be permitted subject to the following regulations:

One freestanding sign shall be permitted for each individual building within a planned industrial park development.

The maximum surface display area of any one face of the sign shall not exceed 100 square feet, unless there are three or more occupants, in which case 120 square feet shall be permitted.

The maximum height shall not exceed 35 feet.

(24)

Wall signs. Signs mounted on the walls or facades of a building shall be permitted, provided that the following regulations are met:

The total area of all wall signs may not exceed one-square-foot of sign area per linear foot of wall, including windows, doors and cornices.

Wall-mounted signs shall be installed parallel to the supporting wall and project no more than 18 inches from the face of such wall and shall not extend above the roofline of such building. Chimneys, spires, towers, elevator penthouses and similar projections shall be considered above the roofline of buildings.

(25)

Directory signs. At the entrance to the planned industrial park adjacent to River Road and at each of the major entrances to a planned industrial park signs for the direction of traffic to, or identification of individual buildings or tenants within the planned industrial park shall be permitted, provided that the following regulations are met:

The maximum surface display area of each sign shall not exceed 50 square feet on any one face.

The maximum height shall not exceed 35 feet.

Each sign shall be set back a minimum of five feet from the curbline or edge of paving of any public or private drive or collector drive, measured from the vertical plane established by the leading edge of the sign. In no event shall the sign overhang any parking area, public right-of-way or pedestrian walkway or be installed in sight triangle necessary for the clear view of traffic.

(26)

Traffic control and directional signs. Signs for the control of vehicular traffic shall be permitted.

(27)

Flags. Flags of the United States of America, other sovereign nations, the Commonwealth of Pennsylvania, Northampton County, Upper Mount Bethel Township and the corporate flags of the planned industrial park development or its tenants shall be permitted.

(28)

Calculation of sign area. For the purposes of this section, "surface display area" or "sign area" shall mean the entire area within a continuous perimeter formed by straight lines joined at right angles which enclose the extreme limits of the writing, background, representation or display of the sign face. The supports, uprights or structure on which any sign is supported shall not be included in determining the surface display area unless such supports, uprights or structure is designed in such a manner as to form an integral background of the display or conveys meaning. For the purpose of computing the allowable area of a double-faced sign, one sign face shall be considered.

(29)

Parking. Every planned industrial park shall provide adequate parking facilities, including but not limited to accessways, driveways, drive aisles, collector drives, loading areas, parking spaces, and pedestrian walkways to ensure the efficient circulation of vehicles and pedestrians in conformance with the requirements of this section. The number of parking spaces shall be the greater of one parking space for three employees or one parking space for every 5,000 square feet of interior building floor area.

(30)

Parking spaces. Each surface parking space shall consist of a rectangular area having dimensions not less than nine feet six inches in width and 19 feet in length. Aisles serving such surface parking areas shall have a minimum width of 24 feet.

(31)

Loading areas. In addition to the required off-street parking areas, there shall be provided off-street areas for the loading and unloading of delivery trucks and for the servicing of the buildings by refuse collection, fuel and other service vehicles, which areas shall be located at the side or rear of the building, shall be adequate in size and shall be so arranged that each may be used without blockage or interference with the use of the accessways or the automobile parking facilities.

(32)

Ownership. The tract or tracts of land to be developed as a planned industrial park shall be owned by one person or entity or shall be the subject of an application filed jointly by the owners of all of the tracts of land which are included in the proposed planned industrial park and in which it shall be agreed that the tract will be developed under single direction in accordance with an approved master development plan.

(33)

Park, recreation and open space:

Mandatory dedication. At the time when a final land development plan (as defined in the Pennsylvania Municipalities Planning Code[10]) is approved the developer shall either:

Dedicate a minimum of 0.05 acres of park and/or open space for every one acre of land included in the final plan, or 250 square feet per each projected occupant of the building or buildings depicted on the final plan, whichever is greater; or

Fee in lieu. In lieu of dedicating the land required by Subsection I(33)(a) above, the developer, at the developer's option, may pay a fee in lieu of such dedication. The fee shall be $2,000 for each equivalent dwelling unit ("EDU") of sewage disposal capacity that will be required to provide adequate sewer service to the building or buildings depicted on the said final land development plan. The fee of $2,000 for each EDU shall be paid at the time of the recording of the final plan. For purposes of this provision an EDU shall equal 250 gallons per day of sewage treatment capacity required by the buildings and other improvements located on a lot or lots in the planned industrial park.

Editor's Note: See 53 P.S. § 10101 et seq.

(34)

Overall conceptual sketch plan. At the time that the developer of a planned industrial park in the I-2 and/or I-3 Zoning Districts submits its first application for preliminary or preliminary/final subdivision or land development on such developer's land the developer shall submit to the Township, for informational purposes only, a conceptual sketch plan for all of the land which will be included in the proposed planned industrial park which will depict the developer's then current plan for the overall development of its planned industrial park. The conceptual sketch plan shall not be required to comply with the requirements of Chapter 298, Subdivision and Land Development, of the Code of the Township of Upper Mount Bethel. When such developer submits each subsequent application for subdivision or land development for a portion of its land (or a combination thereof) the developer shall submit an updated version of the overall conceptual sketch plan for all of its land which will depict the developer's then current plan for the overall development of its land. All subdivision and land development plans for a development in a planned industrial park shall be processed in accordance with the procedures set forth in the Municipalities Planning Code[11] for the approval of preliminary and final plans, except that where the developer of a planned industrial park has submitted a conceptual sketch plan, or update thereof, such developer shall be entitled to combine its preliminary and final subdivision and/or land development plans into an application for approval of a preliminary/final plan and to receive approval thereof, subject to appropriate conditions that must be satisfied before the preliminary/final plans are recorded.

[11]

Editor's Note: See 53 P.S. § 10101 et seq.

(35)

Further subdivision of tract. After the Board of Supervisors approves the final land development plan for an individual lot or combined lots within a planned industrial park which depicts the construction of more than one building on such lot or combined lots, the subsequent division of that property into separate lots for each building for purposes of financing and/or conveyancing shall be permitted and is exempt from additional plan review requirements and/or the lot design criteria requirements of the Chapter 298, Subdivision and Land Development, provided that the deeds conveying such separate lots for each building depicted on said final development plan contain covenants requiring the purchasers to, at all times, operate and maintain such lots in good order and repair and in a clean and sanitary condition; that cross-easements for parking areas and all appurtenant ways, pedestrian access and utilities shall be maintained between such lots; and that such covenants shall be subject to the approval of the Township Solicitor. The purchaser of any such lot shall covenant and agree thereby to be bound by such conditions as set forth herein.

Use Class 9, Customary Accessory Uses. Includes uses customarily accessory to the principal use of a lot. Such uses include the following:

Uses which are customarily subordinate and appropriate to the principal use of a lot or a building located on the same lot, as determined by the Zoning Officer. Such uses shall serve a purpose customarily incidental to the use of the principal building or lot within any district, and shall be subject to the yard, area and other requirements of the district in which such uses are located and further subject to any applicable regulations set forth in Article VI herein, including:

No-impact home-based businesses, as regulated in § 350-27B.

Home gardening and non commercial crop farming, nurseries and greenhouses in residential areas, but not including outdoor storage of equipment and vehicles except where required to maintain the property. All such equipment and vehicles shall be maintained in operating condition and the storage of junk shall not be permitted as an accessory use (see § 350-27C).

Fences, walls and planting material (see § 350-27E).

Private garages or parking areas.

Off-street parking, loading and driveway access areas.

Outdoor storage sheds, not exceeding a ground floor area of 15% of the ground floor area of the principal structure.

Signs (§ 350-30).

Private swimming pools and hot tubs subject to § 350-27D.

Temporary tract offices and uses.

Unoccupied accessory travel trailers in residential areas, not exceeding 20% of the ground floor area of the principal building or 500 square feet, whichever is less.

(k)

Keeping of domestic pets, but excluding the breeding or boarding of pets for commercial purposes. All pets shall be properly housed to avoid nuisances and noise for adjoining property owners and to protect the public health and for adequate sanitary and waste removal.

(l)

Other buildings and uses customarily appurtenant to other permitted, special exception or conditional principal uses which comply with minimum yard, area and other requirements of this chapter.

Editor's Note: Said schedules are included as attachments to this chapter.

§ 350-16 Special exception uses.

Uses listed as special exception uses in Schedule I,[1] or as required in other sections of this chapter, shall require individual consideration in each case because of their unique characteristics. Such special exception uses shall be referred to the Planning Commission by the Board for review and recommendation and such uses may be permitted only upon authorization by the Board subject to certain conditions and safeguards, as provided in this section and after a hearing.

Editor's Note: Said schedule is included as an attachment to this chapter.

All special exception uses shall conform with the applicable requirements of § 350-19 and with other applicable sections of this chapter.

Such special exception uses which are authorized by the Board shall be subject to any additional conditions and safeguards established by the Board in each case which may be warranted by the character of the areas in which such uses are proposed or by other special factors and which are necessary to implement the purposes and statement of Community Development Objectives of this chapter.

A special exception use shall not cause substantial injury to the value of other property where it is to be located; shall conform with regulations applicable to the district where located; shall be compatible with adjoining development; shall provide adequate landscaping and screening to protect adjoining areas; shall provide off-street parking and loading so as to minimize interference with traffic on the local streets; and any required or permitted signs shall be compatible with adjoining development and such special exception uses and shall not jeopardize the public health, safety, welfare and convenience.

Such special exception uses shall be appropriate to the character of the district and neighborhood in which they are proposed and with the presence of other conforming uses located in the area and also with the area which the uses will serve.

Applicants for special exception uses shall comply with the site plan review procedures set forth in § 350-32.

The following regulations shall apply to special exception uses which are authorized by the Board.

Use Class 10, Multifamily Residential.

[Amended 3-26-2018 by Ord. No. 2018-02]

Includes multifamily dwelling structures developed on a minimum lot area of at least one acre. Such dwelling structures shall provide yard planting and screening in accordance with Chapter 298, Subdivision and Land Development, of the Code of the Township of Upper Mount Bethel, to effectively screen off any adjoining commercial uses which shall be designed to complement both residential and abutting commercial uses and not to conflict with or bisect natural areas for commercial development.

Minimum lot areas and yard sizes shall comply with the requirements of Schedule II[2] of the VCR-1 (VC/R) Zoning District.

Editor's Note: Said schedule is included as an attachment to this chapter.

Such dwelling structures shall be planned and developed as set forth below:

Type of Unit	Maximum Bldg. Height (in stories)	Maximum Bldg. Coverage	Units per Net Acre
Townhomes or row homes*	2.5	35%	8
Garden apartments*	3.0	35%	10
High-rise for elderly*	4.0	30%	15

*	These types of multifamily housing are to be interpreted as to their common meaning and understanding.

High-rise units for the elderly shall be designed for use primarily (75% of units or greater) by handicapped persons or persons at least 55 years of age.

Any proposed development with eight (or more) dwelling units shall be provided with usable open space suitably designed and maintained for use as play areas for children and/or outdoor recreation and open space for residents in amounts not less than 750 square feet per dwelling unit.

Use Class 11, Group Care and Related Residential Uses. Includes group care facilities and related residential uses such as rooming houses, nursing homes, bed-and-breakfast homestead or inn, dormitories, day-care center or facility to serve children and older adults, nonprofit social hall, club or lodge, all as defined in Article II, and funeral homes. All such uses shall comply with the following:

Except for a sign, as further regulated in § 350-30, there shall be no external evidence of any gainful activity for such uses which are located in a residential zone.

Any such uses shall have sufficient parking to serve the anticipated number of users and employees as specified in § 350-29 and shall have suitable street and driveway access without causing excessive traffic congestion on local residential streets.

Bed-and-breakfast homesteads or inns as defined in Article II shall further comply with the following:

The residential character and appearance of the structure and adjoining neighborhood or area shall be preserved.

One business/identification sign not exceeding 20 square feet in the A-1 District, or six square feet in the VCR-1 District may be permitted.

All such uses shall comply with requirements set forth in the following tabulation:

Type of Regulation	A-1 District	VCR-1 District
Minimum parcel size (acres)	2	1
Minimum yards (feet)
Front yard	40	35
Rear yard	50	25
One side yard	25	10
Both side yards combined	60	25
Maximum building height (feet)	30	30
Maximum building coverage (%)	15%	35%
Maximum density^(a)
Persons per acre	20	15
Maximum occupancy
Total residents^(a)	30	20

Footnote:
a)	Includes residents, guests and employees

All such uses must be fully registered with and licensed by the Township and with any other applicable state agency, with information provided on their operation, availability of professional personnel, physical facilities and other characteristics.

Use Class 12, Rural Area Business.

Rural area businesses, as defined in Article II, may be permitted in the OSC and A-1 Zoning Districts as a special exception use.

Provision of farm-related goods and services required to support agricultural activities conducted in these districts.

[Amended 4-27-2009 by Ord. No. 2009-07]

Processing and distribution of locally grown agricultural products, but excluding slaughterhouses.

Roadside stands for the sale of agricultural products produced locally excluding slaughterhouses.

Beekeeping, with all beehives kept in a healthy condition, in accordance with established beekeeping practices and operated in a fashion to avoid nuisance conditions for nearby residents.

Farmers auctions and flea markets, in accordance with the temporary use provisions of § 350-31A.

Animal hospitals, kennels and veterinarian offices as further described in § 350-33.

Sawmills.

Limited commercial uses to serve the residents of the agricultural areas, including retail trade establishments consisting of farm supplies, food establishments and restaurants, convenience stores, hardware and general merchandise, lawn, garden and agricultural supply establishments, the manufacture and sale of local craft items, other items of interest to rural families and the agricultural community, and similar uses as determined by the Board in accordance with the definition of "use class subcategory" as defined in Article II.

Prior to approving such uses, the Board shall determine compliance with the following:

Such rural area businesses may be conducted on the premises of an existing farm or, if on a separate parcel, in accordance with the applicable requirements for the size of lots, yards and buildings set forth in Schedule II[3] for the Zoning District in which the business is located.

Editor's Note: Said schedule in included as an attachment to this chapter.

Such businesses shall be conducted in a manner which is compatible with the rural character of the area in which located and shall not create nuisances or unsafe or unhealthy conditions resulting from these operations or from the accumulation or handling of waste products or animals.

Such rural area businesses shall be limited to a maximum number of five employees, including the owner of the building, operating during any one shift.

Such businesses may be carried out within a building not exceeding 15,000 square feet, or within any open areas of the lot, subject to the yard requirements set forth in Schedule II, except for any permitted locations which may also include one dwelling unit for the use of the owner or operator of the business.

Outdoor display areas shall be fenced and may be utilized for display and sale purposes. Such areas shall not exceed 3,000 square feet or 20% of the total square foot area of the building, whichever is greater.

All such businesses shall have adequate access from a well maintained public or private street and shall not create excess traffic congestion which adversely affects the surrounding area.

Off-street parking and loading shall be provided as required in § 350-29.

One sign for each rural area business not to exceed 20 square feet shall be permitted, in accordance with the requirements of § 350-30.

Adequate screening and landscaping to buffer such uses shall be required in accordance with § 350-33A.

Use Class 13, Appropriate Public Uses and Essential Services.

Includes the following appropriate public uses and essential services provided by public utilities:

Appropriate public uses. Includes public and quasi-public uses of a welfare, educational, religious, historic, recreation, governmental and cultural nature, airports, and associated accessory uses; radio, television, telephone and electrical transmission or receiving towers; and essential public utilities that require enclosure within a building.

Essential services for public utilities as defined in Article II which conform to the height regulations of the zoning district in which they are proposed.

All proposals for such appropriate public uses and essential services, or for additions or changes to such existing public uses, shall be submitted to the Zoning Hearing Board, together with required plans, to provide the Board with sufficient information to determine compliance with the special exception provisions of this chapter. All proposals for recreation uses shall be subject to the provisions of § 350-36 and all subsections thereunder.

The Board shall review the nature of the proposed use, the size of the parcel on which it is to be located, the traffic and parking requirements of the proposed use, the hours of operation to determine if disturbances will occur to the surrounding neighborhood, and the effect of the use on adjoining or nearby properties. Based on this review, the appropriate public use or essential service may be permitted by the Zoning Hearing Board as a special exception only if it determines that the use shall be appropriate to proposed principal use of the property and/or to the character of the district and the neighborhood in which it is proposed and also to the presence of other conforming uses located in the area and with the general area which the use will serve.

The Board shall also determine and require that such appropriate public uses and essential services shall have adequate access, shall provide off-street parking and loading as specified in § 350-29, shall provide necessary landscaping and screening to protect adjoining areas, as required in § 350-33, and shall have lot areas, yards and building coverage which protect and preserve the character of the neighborhood and the district requirements in which they are proposed.

§ 350-17 Conditional uses.

Conditional use procedure. The use classes listed as conditional uses in Schedule I,[1] or as required in other sections of this chapter, shall require individual consideration in each case because of their unique characteristics. Such conditional uses shall be referred to the Planning Commission for the Commission's review and recommendation. The Commission may hold a public hearing, subject to public notice as defined in Article II, to receive public comment prior to completing their review and recommendation to the Supervisors and such uses may be permitted only upon authorization by the Supervisors after a public hearing, subject to certain conditions and safeguards as provided in this section.

Editor's Note: Said schedule is included as an attachment to this chapter.

All conditional uses shall also conform with the applicable requirements of § 350-19 and with other applicable sections of this chapter.

Such conditional uses which are authorized by the Supervisors shall be subject to any additional conditions and safeguards established by the Supervisors in each case which may be warranted by the character of the areas in which such uses are proposed or by other special factors and which are necessary to implement the purposes and statement of the Community Development Objectives of this chapter. (See Attachment A.[2])

Editor's Note: Said attachment is on file in the Township offices.

A conditional use shall not cause substantial injury to the value of other property where it is to be located; shall conform with regulations applicable to the district where located; shall be compatible with adjoining development; shall provide adequate landscaping and screening to protect adjoining areas; shall provide off-street parking and loading so as to minimize interference with traffic on the local streets; and any required or permitted signs shall be compatible with adjoining development and such conditional uses and shall not jeopardize the public health, safety, welfare and convenience.

Such conditional uses shall be appropriate to the character of the district and neighborhood in which they are proposed and with the presence of other conforming uses located in the area and also with the area which the uses will serve.

Applicants for conditional uses shall submit plot plans in sufficient detail to provide the Supervisors and the Planning Commission with enough information to properly evaluate the proposed planned use and shall comply with the site plan review requirements of § 350-32.

Conditional use classes which are authorized for consideration by the Supervisors are set forth below.

Use Class 14, Special Commercial.

Special Commercial uses are uses which primarily serve the major commercial needs of the entire Township. This district will provide for larger commercial developments, including the development of commercial mall space and a large shopping center.

Conditional special commercial uses which may be approved in this use class by the Township Supervisors include the following subject to the conditional use procedure described above and in § 350-42:

All of the proposed uses which are included in Use Classes 6 and 7, plus other unique specialty shops, personal services, custom shops, theaters, gourmet restaurants, and entertainment facilities to serve the public.

Such special commercial uses in the C-2 District may also include properly designed drive-in facilities for any of the uses listed above and, in addition, may also include automobile sales and auto service stations and vehicular repair garages, off-street parking lots and garage parking facilities.

Adequate buffers and landscaping are also required to protect nearby residential areas and to enhance the appearance and attractiveness of proposed new centers (see § 350-33A).

Proposed special commercial uses may also include all uses set forth in Use Class 6, Neighborhood Commercial, and Use Class 7, General Commercial. Such special commercial uses shall be subject to the same restrictions as Use Class 7, except that all such uses may also be located in shopping centers or malls containing groups of separate stores or establishments.

Such facilities are expected to have a "Major Traffic Impact" which must be carefully addressed with proper planning and preparation of a major traffic impact study as required in § 350-19C and other applicable requirements of § 350-19. Such developments will also require a site which exceeds five acres and the preparation of a "site plan" as required herein (see § 350-32).

Approval of all such uses require adherence to the conditional review procedure including review by the Planning Commission and approval by the Supervisors.

Such developments are expected to have a significant community impact, which may be capable of generating substantial income. A condition for the approval of such a facility by the Supervisors may be the preparation by the developer, utilizing a competent authority, of a community impact study to assess the positive and negative benefits of a project of this scope and magnitude. This analysis should provide information on costs and benefits to the Township. The requirements for a community impact analysis are set forth in § 350-19E, and in Schedule III, Development Suitability of Land Areas Adversely Affected by Various Environmental Constraints, included in § 350-13C.

Such a development should be served with public water and sewer facilities or with DEP- and SEO-approved on-lot systems in accordance with the sewer and water policy of the Township (see § 350-34).[3]

Editor's Note: See Ch. 257, Sewers and Sewage Disposal.

Any adverse affects on adjoining or nearby residences should be identified in advance.

Adequate parking and loading facilities shall be provided in accordance with § 350-29.

Use Class 15, Special Heavy Industrial.

Except as otherwise provided in Attachment F[4] hereto and within the I-2 and I-3 Industrial Districts, the following conditional heavy industrial uses may be approved by the Supervisors.

Utility operations, electric and gas company operations, including construction of new electric generation plants and related facilities (see Attachment F).[5]

Editor's Note: Original Subsection a., which immediately preceded this subsection, was repealed 5-9-2016 by Ord. No. 2016-02.

Solid waste disposal facilities which are limited to transfer stations and/or recycling facilities, compost areas and other related facilities which conform to applicable solid waste management plan approved by the Township, the County of Northampton and the PADEP. Such facilities shall be at least three acres in size and they shall be fenced and/or buffered as set forth in §§ 350-27E and 350-33A as approved by the Township Supervisors.

Junkyards, salvage and other recycling facilities, as defined herein.

Auto service stations and vehicular repair garages, including major repairs, off-street parking lots and garage parking facilities which are developed as accessory uses and also as principal uses which are not accessory to other industrial or commercial establishments, and industrial activities which require greater use of outdoor areas such as contractor yards and supply yards of all types, including construction yards and related outdoor and vehicular equipment storage, recycling operations and other similar uses.

At least 40% of the activity shall be carried on in a completely enclosed building, except for off-street parking and loading facilities.

All such uses shall be developed in conformance with the minimum lot area, minimum lot size, yard, building height and building coverage requirements for the I-2 and I-3 District set forth in Schedule II.[6]

Editor's Note: Said schedule is included as an attachment to this chapter.

Other unique, innovative and emerging industrial processes which do not adversely affect the environment or the health and safety of residents and workers.

Communication towers and wireless telecommunication services, antennas towers required to provide services to the Township in accordance with Township Ordinance No. 99-03.[7]

Editor's Note: Said ordinance is included as an attachment to this chapter.

Editor's Note: Ordinance No. 2000-5 (referenced as Attachment F) is a Zoning Map amendment and is on file in the Township offices.

All heavy industrial uses must comply with the applicable performance, traffic impact, environmental protection and community impact analysis and requirements set forth in § 350-19 and with the definition of "industry, compatible" set forth in Article II.

Use Class 16, Special Purpose Housing for the Elderly.

Includes a residential retirement complex and a residential care facility for the elderly and nursing home as defined herein, and housing and related facilities to serve the handicapped, the elderly and retired persons (aged 55 years and over) which primarily serve the needs of the Township, and of the regional population of Northampton, Lehigh and Monroe Counties.

Such uses shall be served with public or private central sewer and water facilities and shall include a combination of one or more of the following facilities specifically designed to serve the handicapped, the elderly and retired persons:

Multifamily dwellings for independent and semi-independent living.

Personal care and long-term care facilities for persons requiring nursing or convalescent care for extended periods of time.

Community and activity rooms for special activities such as auditorium, library, lounge, chapel, dining facility and indoor recreation facilities.

Necessary administrative and service facilities including medical support facilities and personal care services.

Related outdoor recreation uses and other ancillary uses.

All such uses shall be developed on one tract of land at least five acres in size which is held in one ownership. Such developments shall be located in the R-1, VCR-1 Areas of the Township on sites which have suitable, convenient ingress, egress and regress to the development.

The maximum building coverage plus coverage by impervious areas for the net project density for independent and semi-independent living units shall not exceed 10 dwelling units per net residential acre.

All structures shall be planned and designed with adequate yards, building layout, spacing and open space to assure convenience, safety and privacy for residents and for neighboring areas.

No building shall be located closer than 30 feet to any front, side or rear property line of the tract.

All buildings in such a development shall be harmoniously arranged to enhance the benefits for project residents and clients and to provide for a safe and efficient operation which will maximize the public health.

Such development shall be compatible with adjoining residential uses and shall not create excessive traffic loads on public streets in a residential area, shall provide adequate lighting, parking, loading and access, and necessary informational signs to serve the residents and administrative staff and visitors to the area.

Adequate buffer areas and landscaping in accordance with § 350-33A shall be provided to minimize the impact of such a development on adjoining or nearby residential areas and to enhance their privacy and appearance.

Use Class 17, Mobile Home Parks.

Includes the coordinated development, under single ownership, which is planned and will be improved for the placement of mobile homes to be occupied for dwelling purposes. Mobile home parks are conditional uses subject to final approval by the Supervisors. Mobile home parks shall primarily serve the market regional needs of the Township and of Northampton County.

Such mobile home parks shall be developed on a minimum tract size of 10 acres and shall conform with the following:

All applicable mobile home park provisions of Chapter 298, Subdivision and Land Development, of the Code of the Township of Upper Mount Bethel. Where standards for the same requirement exist in said Chapter 298 and in this chapter, the more restrictive requirement shall apply.

All requirements of the Pennsylvania Department of Environmental Protection (DEP) shall be met.

All mobile home parks shall be served with approved public water and sewer facilities.

There shall be a minimum distance of 25 feet between mobile homes.

The overall net project density shall not exceed one dwelling per acre.

Twenty percent of the site shall be set aside in open space and half of that amount shall be usable recreation area.

Minimum tract road frontage width shall be 300 feet.

Front and rear yard areas shall be a minimum of 15 feet wide and each side yard shall be a minimum of 10 feet wide.

Twenty feet wide buffer yard areas shall be provided along all property lines and the area shall be screened in accordance with § 350-33A.

Use Class 18, Detention Center.

Detention centers, as defined herein, for persons involuntarily committed to penile, juvenile delinquent, medical, mental health or other interment facilities.

All such facilities shall provide adequate security and shall comply with the following:

Minimum lot area: five acres.

Maximum building coverage, including coverage by impervious areas: 35%.

Maximum building height: three stories and 45 feet.

Front, rear and each side yard.

Setback areas: 50 feet.

Off-street parking adequate to serve peak employee and visitor usage.

Off-street loading adequate to meet projected loading vehicle requirements and dock space to expedite loading and unloading usage, storage and circulation requirements.

The Supervisors shall review the characteristics of such facilities and shall determine their suitability and their impact on the Township as a whole and on adjoining areas and residential neighborhoods.

Factors to be considered by Supervisors shall include, but are not limited to the following:

The exact nature, location and size of the proposed facility, including the number of inhabitants, employees, off-street parking, traffic patterns and access and their impact.

Beneficial and adverse impacts on the Township, including the number of jobs to be created and projected increases in business and revenues, and impact on adjoining uses and residents within a distance of 500 feet of the proposed facility.

Operational and site development factors, including hours of operation, visitation access by the public, safeguards established to protect inhabitants, employees and residents of the Township in the event of emergencies, accidental or unplanned release of inhabitants, and the suitability of the facility on the site on which it is proposed.

Lighting or traffic patterns, appearance of the facility and adequacy of landscaping and buffers provided, and other factors to determine any adverse impact.

Only one such use may be developed in the Township located in the I-2 General Industrial Zoning District, provided that such a new use must not be located any closer than 1,000 feet from any public school, church, kindergarten, day-care center, residential zoning district or residential area or other establishment requiring the congregation of minor children.

Use Class 19, Adult-Oriented Uses.

Such uses include any legal adult-oriented use consisting of commercial establishments such as adult book or video stores or adult picture theaters and similar uses or the conduct of live activities or uses where 20% or more of the services, activities or stock-in-trade of such establishments, includes adult-oriented uses or activities as defined herein, and whose activities are not illegal or prohibited as set forth in § 350-33G.

Such uses may be located in the I-2 General Industrial Zoning District, provided that such uses must be located at least 1,000 feet apart and not located any closer than 1,000 feet from any public school, church, kindergarten, day-care center, all public or private recreational facilities, residential zoning district or residential area or other establishment requiring the congregation of minor children.

All such uses shall be developed in accordance with the minimum lot size, minimum yards, maximum building height and maximum building coverage provisions set forth for the I-2 General Industrial Zoning District in Schedule II.[8]

Editor's Note: Said schedule is included as an attachment to this chapter.

Use Class 20, Residential/Golf Course Development. Includes the compatible development of related residential, golf course and open conservation areas, each of which are to be managed subject to the conditional use requirements of this chapter and to promote the following objectives and purposes:

Objectives and purpose.

To create a residential community which can benefit from adjoining open space conservation areas and the presence of a well designed eighteen-hole golf course, which will provide attractive green vistas and views for the residents.

To preserve the natural features and resources of the site.

To provide opportunities for residents to utilize the golf course for its aesthetic and open space and recreational advantages, and also to provide for the preservation of open space uses, including low-impact recreational and nature study uses primarily for the benefit of the residents of the area.

To provide for the development of three related complementary uses which enhance the overall plan for the mutual benefit of all users.

To reduce residential lot sizes to no less than 30,000 square feet lots which will make room for the preservation of additional open space land.

To minimize the amount of environmentally constrained lands which are included in areas or lots to be developed for residential uses.

Land use areas. Each plan for the development of a residential/golf course development shall include three major uses properly designed in a complementary manner, subject to a conditional use approval in all cases:

Single-family residential. Includes all residential uses listed in the R-1 Zoning District as permitted uses in Schedule I,[9] subject to compliance with the use class designation for the R-1 Zone as modified by the provisions of this use class.

Editor's Note: Said schedule is included as an attachment to this chapter.

Golf course uses. An eighteen-hole regulation golf course on a site not less to final land development approval, shall be reviewed by Audubon International in accordance with its "Signature Program" or other competent authority for environmentally sensitive land use designs for golf courses, to assure proper design and attention to the natural features of the site and to the preservation of environmentally sensitive areas.

Open space conservation area.

The open space conservation area shall be primarily for the use of residents of the development and not for use of the general public and shall be appropriately accessible to the residential lots. This area may contain walking trails, nature study area, passive recreation and low-impact recreational uses, and development of flora and fauna compatible with the regional environment of the area and preservation of environmentally sensitive areas. This area shall be protected with restrictions or easements which shall require it to remain as open space in perpetuity.

The boundaries of each of the above three areas are to be clearly identified on the development plan for any proposal presented under this use class.

Size and distribution of each land use area. Each of the three uses identified in Subsection G(8)(b) above shall be subject to the following restrictions:

Golf course use shall contain an eighteen-hole regulation golf course including a club house and other appropriate.

Single-family residential units shall meet the minimum dimensions set forth in Subsection G(8)(d) below.

Open space conservation area. A total land area equal to 10,000 square feet per residential unit but not less than a minimum of 35 acres, whichever is greater.

Minimum lot sizes in residential area. Single-family housing units shall be permitted by the Supervisors subject to the following dimensional requirements:

Minimum lot area: 30,000 square feet.

Minimum lot width: 100 feet.

Minimum lot depth: 200 feet.

Minimum front yard setback: 40 feet or that point further from the street right-of-way at which the 100-foot minimum lot width is reached.

Minimum side yard setback (one side): 15 feet.

Both side yards combined: 35 feet.

Minimum rear yard setback: 35 feet.

Minimum lot frontage at the street right-of-way on a cul-de-sac or curve may be reduced to 50 feet.

Flag lots or lots served by a common driveway (not to exceed two lots per driveway) shall have at least 30 feet of road frontage (40 feet in the case of a driveway serving two lots).

Designation and ownership of three major land uses. All three major land uses identified in Subsection G(8)(b) above shall be managed in a compatible manner subject to the provisions of this use class and to promote the objectives and purposes set forth in Subsection G(8)(a) above. Individual ownership, however, may be as follows:

Ownership of single-family units by individual land, condominium or cooperative owners, cooperating through membership in a property owners, condominium or cooperative association.

Ownership of the golf course by a for-profit or not-for-profit entity. In the event that the golf course shall go out of business or the golf course area shall no longer be used as a golf course area set forth herein.[10]

Editor's Note: So in original.

Ownership of the open space area by the property owners, condominium or cooperative association or other similar legal entity or by the golf course owner.

All of these separate ownerships shall join in a legally binding agreement setting forth the manner of cooperation between each entity to assure the compatible management and operation of the uses including the rights and obligations of each of the entities with respect to the management and operation of the uses in which they have an interest under the terms of this use class.

Review of the ownership arrangements and agreements for the coordination of all owners shall be submitted to the Supervisors prior to final approval.

Environmental principles for golf course development.

The Center for Resource Management has published a 15 page booklet entitled "Environmental Principles for Golf Courses in the United States." These principles were developed through a collaborative research and dialogue process managed and facilitated by the Center for Resource Management. That publication is on file at the UMBT Municipal Building and copies will be made available to prospective golf course developers.

The Township Supervisors in reviewing the conditional use requirements for a residential/golf course development, will consider the degree to which the golf course addresses these principles:

Principles for development of golf courses include the following:

Planning and siting.

Design.

Construction.

Maintenance.

Plant protection and nutrition.

Safe pesticide control and usage.

Water usage.

Waste management.

Wildlife management.

Facility operation.

What golfers can do to help.

In addition, the Audubon International has identified several minimum requirements for effective golf course development. These include:

Water and drainage facilities.

Golf course development.

A maintenance building with:

[A]

Separate pesticide storage.

[B]

A covered, contained fuel island.

[C]

Rinse water recycling.

Personnel: an experienced maintenance superintendent to be hired and on site during construction.

Agronics.

Turfgrass selection appropriate to the region.

Acres of irrigated turf based on site slope, soils, type of golf course and type of irrigation water. The use of the least amount of turf possible is desirable.

An experienced and qualified golf course architect or Designer should be retained to prepare the design and to address environmental issues.

The relationship of the golf course to the residential area and to the designated open space must be carefully considered to ensure an effective, safe and healthy environment for all three of the proposed uses.

The development shall be served by a public sanitary sewer system and a public water supply system.

Hydrological studies shall be conducted so that the water needs of the development are designed so that they do not adversely affect other existing water usages by properties within the Township.

All of the above matters are of concern to the Township, and they are conditions to be considered by the Township Supervisors before granting approval. Protection of the health and safety of all users of these three land uses is an essential requirement for receipt of conditional approval.

Buffers. Where conflicts or potential disturbances or hazards may occur due to proximity of the residential/golf course development to adjoining properties, a seventy-foot-wide buffer shall be provided between the development and such adjoining properties to prevent or minimize such conflicts. Buffer areas may be credited toward the minimum golf course use area required hereunder.

Other conditions, references, and note. Other requirements and conditions of proposals submitted shall include the following:

Safe and effective pesticide control is essential and effective safeguards shall be provided to eliminate hazardous conditions affecting residents, employees and users of the golf course.

Compliance with all other applicable federal, state and Township regulations, including necessary permits where required.

Adherence to the performance, traffic and environmental protection and community impact requirements of this chapter (§ 350-19) and to § 350-13C, which are applicable to residential lot areas where environmental constraints exist.

References made above to several agencies available to help and/or participate in proposals of this type include the following:

United States Golf Association (USGA).

P. O. Box 708

Far Hills, NJ 07931

Phone: 908-234-2300

Audubon International Signature Program

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

230 Second Street, Suite 311

Henderson, KY 42420

Phone: 270-869-9419

The Center for Resource Management

1104 East Ashton Avenue, Suite 210

Salt Lake City, UT 84106

§ 350-18 Size of buildings in nonresidential areas.

Note that when the term "primarily" is used, refer to § 350-9, Definitions; word usage, in Article II for its meaning in this chapter.

Maximum building size. The maximum size of nonresidential buildings in the following zoning districts shall not exceed the following gross square foot floor area for the entire building, except as set forth in Subsection B below.

[Amended 5-9-2016 by Ord. No. 2016-02]

Zoning District	Gross Square Feet Building Floor Area (Singly or in Combination)
OSC Open Space Conservation	(See Use Class 1)
A-1 Agricultural/rural Residential	25,000
R-1 Neighborhood Residential	N/A
VCR-1 Village Commercial	20,000
C-1 Limited Commercial	Not to exceed 40,000
C-2 General Commercial	Not to exceed 40,000
I-1 Limited Industrial	Not to exceed 300,000
I-2 General Industrial	Not to exceed 300,000
I-3 Heavy Industrial	Not to exceed 300,000

Review procedure.

Buildings which are subject to approval as a permitted use shall require review by the Zoning Officer. However any request for a building which exceeds the above gross square foot requirements shall be subject to review and approval as a special exception use by the Zoning Hearing Board.

Buildings which are subject to approval as a special exception or a conditional use shall be subject to the review and approval of the Zoning Hearing Board or the Township Supervisors respectfully and they may grant approval subject to the conditions set forth below:

Conformance with state and Township Building Code[1] requirements for the buildings proposed.

Editor's Note: See Ch. 107, Construction Codes, Uniform.

Conformance with the conditions and requirements set forth in each use class under which they are being reviewed.

Buildings may exceed the maximum building size set forth in the above table if the Zoning Hearing Board or the Township Supervisors (as the case may be) determine the following:

Conformance with all of the preamble requirements for special exception (§ 350-16) or for conditional uses (§ 350-17), and the requirements of § 350-19.

Determination that the size of the building shall not jeopardize the following:

Health, welfare and safety of the neighborhood and area in which it is to be located and of all users of the building.

Compatibility with surrounding uses in the area and surrounding neighborhood.

Creation of excessive congestion noise, environmental problems, traffic and/or parking congestion.

Compliance of the building with required standards for addressing the needs of handicapped persons.

Safeguards built into large buildings which would discourage terrorist action or vandalism.

§ 350-19 Performance, traffic, environmental protection and community impact requirements.

Prior to making these determinations on the size of the building the Board or the Supervisors (as the case may be) shall review any traffic or community impact analysis, as required by this chapter.

Applicability and review. All existing and proposed uses shall be subject to compliance with the performance, traffic and environmental impact requirements identified herein. The Township may determine compliance with this section based on the following:

The requirements set forth in § 350-19 herein.

Data and information submitted with the zoning application.

Where such data and information is not sufficient to reach a determination, the Zoning Officer may consider the proposed use as a conditional use subject to all requirements for conditional uses as required herein and may so notify the applicant within 20 days of the receipt of the zoning application.

The Supervisors may also require detailed expert review of all uses to determine compliance in accordance with established standards or with regulations of applicable governmental agencies such as the PA Department of Environmental Protection (DEP), the Federal Environmental Protection Agency (EPA), the Northampton County Conservation District, the Lehigh Valley Planning Commission, the Penn State Agricultural Extension Office, the PA Environmental Council and Upper Mount Bethel Environmental Advisory Council and/or other recognized agencies.

Receipt of recommendations from a competent authority, as defined in Article II.

Performance impacts. Notwithstanding the applicable laws and regulations of the United States Environmental Protection Agency and the Pennsylvania Department of Environmental Protection, the following performance standards shall be used by the Township in reviewing the suitability and possible hazardous impacts of any proposed use in the Township. The Township may use any competent authority, as defined in Article II, for the evaluation of any negative impacts defined below:

In determining whether a proposed use is or may become noxious, hazardous or offensive, the following standards shall apply. The proposed use may not:

Constitute a nuisance or damage to health or any property by reason of dissemination of noxious, toxic or corrosive fumes, smoke, odor or dust beyond the property line.

Result in noise or vibration clearly exceeding the requirements of Chapter 193, Noise, of the Township Code.

Endanger surrounding areas by reason of radiation, fire or explosion.

Produce objectionable heat, glare or outdoor lighting beyond the property line, and compliance with § 350-33I.

Result in electrical or electromagnetic disturbance in nearby residences which adversely affect the operation of equipment other than on the property on which the disturbance is located.

Discharge any untreated sewage or industrial waste into any stream or river or otherwise contribute to the pollution of surface or underground waters.

Endanger the underground water level or supply for other properties consistent with applicable state and federal standards.

Create an objectionable traffic condition on the highway or in an adjacent area or generate a nuisance to surrounding property by reason of truck traffic or failure to comply with the traffic impact requirements set forth in § 350-19C.

Create any other objectionable condition in an adjoining area which will endanger public health, welfare and safety or be detrimental to the environmental quality of the surrounding area. All uses shall comply with the requirements set forth in § 350-19D, Environmentally sensitive/protection areas.

The applicant shall demonstrate to the competent authority designated by the Township that:

The proposed use(s) will comply with the standards contained in Subsection B herein.

Adequate provisions will be made to reduce and minimize any objectionable elements to the degree necessary to ensure that the proposed use(s) will not be noxious, hazardous or offensive as defined in Subsection B herein.

The competent authority may require the following in order to determine that adequate safeguards are provided:

That the applicant submit written report containing necessary information, impartial expert judgment, written assurances and accepted standards for determining the margin of safety which ensures compliance with each of the conditions identified in § 350-19B above.

That the applicant obtain the advice of appropriate local, state and federal agencies and or private consultants, and identify any necessary permits that may be required from local, state or county agencies.

That the applicant's proposed use(s) comply with all tests and shall provide such safeguards as are deemed necessary by the Supervisors upon the advice of the competent authority. The Township may challenge the report submitted by the applicant using its own competent authority, as defined in Article II.

Traffic impact requirements.

All development projects will be evaluated by the Zoning Officer to determine the level of traffic impact on the municipality and the area in which the project is to be located. This will apply to all new projects or uses proposed or to any expansion of an existing development which is proposed after the effective date of this chapter.

The level of traffic impact will be based on the estimated trip ends generated by the proposed uses in the project. "Trip ends" are defined as the total number of trips per day entering and leaving a specific land use or uses located in a project. These trip ends will be based on the estimated trip generation rates for various types of land uses based on Schedule IV, Trip Generation Rates, included as an attachment to this chapter, or on the latest edition of the publication entitled "Trip Generation, An Information Report (Fifth Edition, 1991)," published by the Institute of Transportation Engineers.

The total number of average daily trip ends shall also addition to a project. In lieu thereof, the developer or the Township may use the latest edition of above publication directly if it is considered to provide a more applicable estimate of the trip ends per day for the specific uses proposed. However, the Supervisors shall make the final determination or interpretation as to the specific uses or procedures in the publication which are most applicable to the proposed use.

Determination of major traffic impact. Any development which has an estimated ADT (or daily trip ends per day) in excess of 500 shall be considered to have a major traffic impact.

Conditional uses.

All major traffic impact projects shall be considered to be conditional uses as defined herein, even if they are listed as permitted or special exception uses in Schedule I[1] and all procedures applicable to conditional uses shall apply to zoning applications for such projects.

Editor's Note: Said schedule is included as an attachment to this chapter.

If any project is proposed after the date of adoption of this chapter which does not have a major traffic impact as defined herein, and a later or subsequent addition to that project is proposed within 10 years of the initial project, then the cumulative effect of all separate submissions shall be used, regardless of any changes in ownership which may take place over the time period under consideration. This shall apply to major industrial and commercial uses, shopping centers, medical centers, apartment complexes, resorts, campgrounds, planned cluster residential developments or any other use proposed under this chapter.

The developer shall identify all subsequent phases.

Phased projects. In the event that a project is to be phased over a period of time, not exceeding 10 years, the total traffic impact for the entire period of phasing shall be used in determining the traffic impact.

Requirements for projects having a major traffic impact. All projects which are determined to have a major traffic impact shall comply with the following:

Compliance with the site plan review procedures set forth in § 350-32.

All such projects shall have direct access to an arterial or major road, or to a collector road (hereinafter collectively referred to as a "major road") in the Township as identified in the Comprehensive Plan and/or Chapter 298, Subdivision and Land Development, of the Code of the Township of Upper Mount Bethel. In lieu of such access, the developer shall provide a project road from the project site to the closest existing major road, which is capable of handling the level of traffic and traffic impact to be generated and which is proposed for development by the developer to major road standards, as established by the Township.

All projects requiring the utilization of a PA State road shall also require receipt of any applicable permit from PennDOT.

Major traffic impact study. A major traffic impact study shall include at least the following:

The applicant for all projects which have an estimated ADT exceeding 500 vehicles per day shall be required to submit a traffic impact study prepared by a competent authority. The requirements for such a study are set forth below.

Identification of all major roads and intersections serving and substantially impacted by the project.

An analysis of how the proposed project users or residents will use these major roads.

Existing traffic conditions (without the proposed project) including traffic volumes (ADT) and peak hour volumes on the identified major roads, based on PennDOT information, surveys and trip generation rates, see Schedule IV.[2] (In addition, commercial projects shall provide weekend traffic volume data at peak hours.)

Editor's Note: Said schedule is included as an attachment to this chapter.

Projected traffic conditions (without the project) based on trends in growth of traffic for ADT and peak hour volumes. (In addition, commercial projects shall provide weekend traffic volume data at peak hours.)

Estimates of future traffic volumes (ADT) weekday peak hour volumes and weekend peak hour volumes after development of all stages of the project.

Highway and intersection traffic capacities and levels of service for Subsection C(3)(e)[3], [4] and [5] above, as defined by the PennDOT, must be calculated.

Identification of existing and projected traffic problems on roads serving the project or substantially impacted by the project, including highway capacity deficiencies for the various roads and intersections involved.

Solutions proposed by the developer to alleviate the identified problems and deficiencies and the proposed cost of these improvements.

Identification and analysis of high accident areas located in proximity to the project, as identified by the Township and the effect which the proposed project will have on the high accident areas and locations.

[11]

The competent authority responsible for preparing the major traffic impact study shall certify to the following:

That in the preparation of the study that the applicable Comprehensive Plan and any pertinent municipality or other traffic or transportation plan or study, as identified by the municipality, has been considered in the preparation of the major impact study.

That, in the professional opinion of the competent authority, the completed major traffic impact study is a true and accurate study which has given adequate consideration to available information and includes reasonable projections and analysis to the factors considered and that the study represents the best opinion of the competent authority on the traffic impact of the proposed development.

That, if it has not been possible to fully analyze all relevant factors, then those factors not analyzed shall be identified, together with the reasons for their exclusion from the study.

The major traffic impact study shall Supervisors may request additional data or information to clarify the findings set forth in said study. The Supervisors shall not approve any such conditional use if it determines that any traffic problem to be created by the proposed development cannot be adequately alleviated by the developer.

[12]

The applicant or developer, as determined by the municipality, will be responsible for the guarantee of payment for the proportionate share of all traffic control devices or for the construction of public facilities applicable to the proposed development, which are required as a result of the traffic impact generated by the proposed development project.

Environmentally sensitive/protection areas. All zoning proposals and applications are subject to all of the applicable requirements of this zoning chapter and Map. Zoning proposals which include actions in environmentally sensitive areas are also subject to the requirements set forth below:

All uses proposed in such areas shall also be subject to the conditional use procedures of this chapter which require review by the Planning Commission and the Township Supervisors as set forth in § 350-19A.

Areas subject to flooding. All development proposed in any flood-prone areas, as defined herein, based on studies of the Federal Flood Emergency Management Administration (FEMA) shall be designed in accordance with sound floodplain management principles set forth in Upper Mount Bethel Township's floodplain management regulations set forth in § 350-21, General Floodplain Overlay Districts (GFP).[3] Said regulations contain provisions for compliance with the National Flood Insurance Program. Any portion of the 100-year floodplain, excluding the floodway as defined in said Floodplain Ordinance, which is not suited for development based on the standards set forth in the above ordinances may be utilized for uses which do not encroach, obstruct or limit the flow of water. Such uses may include temporary or permanent agriculture, horticultural and forestry uses, and outdoor recreation uses which do not obstruct the flow of water as determined by the Supervisors after review by the Planning Commission.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Editor's Note: See also Ch. 141, Floodplain Management.

Wetland areas.

Delineation of wetlands boundaries.

Wetland areas of the Township are defined as those areas shown on the National Wetland Inventory Map of U.S. Fish and Wildlife Service or those lands which are identified as wetlands by the PA Department of Environmental Protection (DEP) or the U.S. Army Corps of Engineers or by other recognized applicable authorities or agencies studies recognized by the Board.

The National Wetland Inventory Map shall be used as a legal basis for the delineation of wetlands. In addition, the Board may require an on-site inspection or survey by a qualified wetland inspector or soil technician.

Special requirements for wetland protection.

All developments or activities proposed within a designated wetland area shall be subject to compliance with all applicable federal and state laws, including requirements of Army Corps of Engineers and the PADEP requirements.

Where essential development of wetland areas is required, as determined by the Board, wetland mitigation or replacement actions as proposed or required by DEP shall be required, including any necessary permit approvals.

Groundwater aquifers and recharge areas.

Definitions. As used in this section, the following terms shall have the meanings indicated:

GROUNDWATER

Is replenished or recharged by the rain or snow that falls on the land.

GROUNDWATER AQUIFERS

Are permeable saturated underground formations of rock, sand or gravel.

RECHARGE AREAS

Are land surface areas through which groundwater enters the earth.

Special requirements for groundwater protection. Any proposed land use which may directly, by means of effluent discharge into the ground, or indirectly, through the leaching of stored materials, result in the pollution of the groundwater shall be prohibited in the aquifer outcrops and/or recharge areas. The determination of such hazards shall be made by the appropriate state or federal agency and/or a qualified competent authority as defined herein, subject to review and acceptance by the Supervisors.

River, streams, ponds, and lakes.

Rivers, streams, lakes, ponds shall be left as permanent open space. No development, filling, piping or diverting shall be permitted except for required roads. Roads, where necessary, shall be designed to minimize disruption of such areas. This regulation also applies to wetlands.

All developments shall protect rivers, streams, lakes and ponds from sedimentation and shall control erosion in accordance with Pennsylvania Clean Stream Act[4] and DEP implementing regulations.

Editor's Note: See 35 P.S. § 691.1 et seq.

No alteration of watercourses, whether by excavation, filling, grading, clearing, draining, or otherwise, shall be made that affects the water levels or flow of such watercourses without careful review and study of the effect of such alteration and any related facilities on water recharge areas, water table levels, water pollution, aquatic animal and plant life, temperature change, drainage, flooding, runoff and erosion. Review and approval of such alteration shall be made by the Supervisors after consultation with the County Conservation District and/or the DEP or any competent authority.

All development proposed within 100 feet of the normal stream bank of rivers or streams within the Township, or within 100 feet of any pond, reservoir or other water body in excess of one quarter acre of water surface area shall be subject to approval by Supervisors after receipt of appropriate recommendations by a competent authority.

Steep slopes.

Definition. As used in this section, the following terms shall have the meanings indicated:

STEEP SLOPES

Are defined as areas with a slope of greater than 15% (i.e., a rise or fall of more than 15 feet in a horizontal distance of 100 feet).

Special regulations.

Development on sites with steep slopes shall be minimized wherever possible so as not to excessively increase water runoff, cause soil erosion, stream sedimentation, stream siltation, mud slides or cause any other significant disruption of the environment. Disturbance of any such areas shall be stabilized and maximum reclamation measures undertaken during and after construction.

The owner or developer shall prepare and submit technically sound plans for grading, soil erosion and sedimentation control and landscaping with any site plan proposal which involves slopes greater than 15%. The plans shall contain methods to minimize rainfall runoff and to prevent erosion and the resulting sedimentation. The erosion and sedimentation control plan shall meet the requirements of PADEP and the County Conservation District.

Grading shall be minimized to the maximum extent possible on sites with slopes over 15%. There shall be no grading permitted on slopes greater than 25% without special approval from the Supervisors.

Conformance with the Steep Slope Overlay District criteria of § 350-23 shall be required.

Stormwater runoff control.

Purpose. The purpose of stormwater runoff control are:

To guide drainage and prevent increase in runoff on and off the site.

To prevent destruction and loss of soils on and off the site from increased runoff.

To prevent siltation of water bodies, watercourse and wet areas on and off the site and subsequent harm to or loss of aquatic plant and animal life.

Special requirements for stormwater runoff control.

The owner/applicant shall comply with any stormwater management plan or ordinance,[5] or any Act 167 Watershed Management Plan for any watershed in the Township which has been adopted by the Township or county which is applicable to the proposed development, including the requirements of Chapter 298, Subdivision and Land Development, of the Code of the Township of Upper Mount Bethel, as it presently exists, or as further amended.

All developments shall limit stormwater runoff so that no more runoff is generated than that of the site in its current or natural condition. Use of such techniques as retention or detention ponds, turfed swales, diversion ditches, and energy dissipators, shall be considered. When detention ponds are utilized they shall be buffered or fenced to insure the public health, safety and welfare.

The Supervisors shall require the owner/applicant to provide a stormwater runoff control plan where site conditions warrant the preparation of such a plan. The plan shall be based on accepted engineering standards and on adequate topographic surveys, soil investigations and runoff projections. To the maximum extent possible, the following standards shall apply:

[A]

The natural drainage patterns on- and off-site shall be used in their present state to the degree possible and protected from disturbance.

[B]

Stormwater runoff shall be directed away from impervious surfaces and toward absorbent ground area.

[C]

The plan shall minimize blockage, collapse or washout, street drainage, or other hazards associated with drainage and spring runoff conditions.

[D]

Connection shall be made to existing stormwater runoff drainage systems, where possible.

[E]

The above requirements shall apply unless otherwise required by the Chapter 298, Subdivision and Land Development, of the Code of the Township of Upper Mount Bethel.

[iii]

The Supervisors may accept or reject such a plan utilizing recommendations made by the Planning Commission and any designated competent authority.

Editor's Note: See Ch. 285, Stormwater Management.

Sinkholes. Wherever a proposed project area or development is to be situated in an area of carbonate geology, as determined by the Northampton County Emergency Services Office and as defined below, the following provisions shall apply:

Site inspection. The owner/applicant, utilizing a competent professional with experience in this field, shall undertake a site inspection of the property and shall assemble other available data which shall be utilized to determine all karst features or feature indicators. These features shall be mapped and shall include, but shall not be limited to the following:

Closed depressions.

Open sinkholes.

Seasonal high-water table indicators.

Outcrops of bedrock.

[e]

Unplowed areas in plowed fields.

[f]

Surface drainage into ground.

[g]

"Ghost lakes" after rainfall.

Submission to supervisors. The above results shall be submitted to the Township Supervisors. The Supervisors, utilizing a competent authority shall evaluate the data submitted and the severity of the data. This shall include an identification of the following:

Areas where buildings, impervious surfaces and stormwater management facilities should not be located.

Measures that should be taken to minimize the risk of structural damage.

Areas where stormwater should not be directed, including sinkholes. The Supervisors shall make a decision about the severity of the problem and the extent to which development in or over such areas present a threat to life and property and the extent to which development in such areas should or should not be restricted.

The following definitions shall apply to this section:

CARBONATE GEOLOGY

Limestone or dolomite rock formations formed by carbonate sedimentation in shallow sea waters.

CLOSED DEPRESSION

In a karst area, a distinctive bowl-shaped depression in the land surface. It is characterized by internal drainage, varying magnitude, and an unbroken ground surface.

FRACTURE TRACE

Linear features in rock of less than one mile in length appearing on aerial photographs, representing zones of fracture concentrations in the bedrock.

GHOST LAKES

Transient surface water bodies formed in sinks and closed depressions after heavy precipitation due to poor internal drainage. This poor drainage may be due to residual clay remaining after solution of limestone minerals.

KARST

A type of topography that is formed over limestone, dolomite, or gypsum by bedrock solution, and that is characterized by closed depressions or sinkholes, caves and underground drainage.

SINKHOLE

A localized sinking of the land surface to a variable depth occurring in areas of carbonate bedrock generally characterized by a roughly circular outline, a distinct breaking of the ground surface and downward movement of soil into bedrock voids.

Preservation of the natural diversity of proposed zoning areas. Preservation of the unique natural areas of the Township and of the natural diversity of the Township as identified in the following publication shall be considered based on the following:

A Natural Areas Inventory of Lehigh and Northampton Counties, PA, prepared by the PA Science Office of the Nature Conservancy, dated 1999.

Other available surveys, special studies or information of unique natural areas existing in the Township submitted by a competent authority qualified to provide information of this type.

Information received from the zoning applicant. The Supervisors shall review all information received about the presence of unique natural areas present in the proposed zoning proposal. Based on the information received, the Supervisors may request the Zoning Applicant to submit any necessary additional information required to evaluate the following:

The presence and nature of such natural conditions and their precise location on the land.

An evaluation of the effect of the proposed zoning proposal on the existing natural features and the extent to which these feature(s) will be protected or adversely affected by the zoning proposal.

Any other pertinent information deemed necessary and appropriate for consideration by the Supervisors, received from responsible and knowledgeable, private, public or nonprofit organizations dealing with conditions of this type.

The Supervisors may accept any other documented information from parties having an interest in the preservation of such natural areas. Upon receipt of all information, the Supervisors may request a review of all information and recommendations from a competent authority relative to the effect of the zoning proposal on the existing natural features under consideration.

The Supervisors, after hearing from all parties, shall make a final decision on the extent to which such natural features are being adversely affected or whether such features should be protected and shall determine the necessary actions to be taken to preserve the natural diversity of the area, while at the same time considering the private property rights of the applicant.

Environmental impact assessment. Where adverse environmental or hazardous conditions exist, the Township may require the submission of an environmental assessment and impact analysis prepared by a competent authority. The Township Planning Commission shall evaluate said environmental analysis and determine the nature of the risk and shall make a recommendation to the Supervisors necessary to establish any suitable requirements needed to insure the public health, safety and welfare. Said impact assessment and analysis shall comply with the requirements of § 298-18B(2) of Chapter 298, Subdivision and Land Development, of the Code of the Township of Upper Mount Bethel.

Development of steep slopes in planned industrial parks. Under the current version of this chapter, land located in the Township's I-2 and I-3 Zoning Districts contain multiple areas that would be designated as steep slopes. However, current topographical studies of such land discloses that because the said steep slopes occur intermittently and not continuously the land located in the Township's I-2 and I-3 Zoning Districts can be safely developed if such development employs proper engineering controls. As set forth in the background of this chapter, since the adoption of this chapter, DEP has adopted Chapter 102 of the Pennsylvania Code,[6] which requires that developers who conduct construction activities that disturb one acre or more must obtain a PA NPDES permit. The Chapter 102 regulations include erosion and sediment control requirements during construction activities and require the preparation, approval, implementation, and enforcement of post-construction stormwater management plans. The PA NPDES permit provisions contain extensive, detailed requirements for the preparation of plans to control the volume, rate and quality of stormwater runoff that results from construction activities, which plans must be reviewed and approved by the Northampton County Soil Conservation District and DEP. Developers of planned industrial parks in the I-2 and I-3 Industrial Zoning Districts will be required by the Chapter 102 regulations and the NPDES process to obtain approvals of their erosion and sediment control plans, plans to control stormwater runoff, and post-construction stormwater management plans from Northampton County Soil Conservation District and the DEP. Because the Chapter 102 regulations and the NPDES process will regulate the development of the flat areas, steep slopes and very steep slopes in the I-2 and I-3 Industrial Zoning Districts, the steep slope provisions of this chapter, as amended or supplemented, shall not apply to planned industrial parks developed under this section. However, the following regulations shall apply to steep slopes located in new planned industrial parks developed on the land located in the I-2 and I-3 Zoning Districts:

[Added 9-9-2020 by Ord. No. 2020-02]

Definition of steep slopes in a planned industrial park. Steep slopes in the planned industrial park developed under this section t are defined as areas with a slope of greater than 25% (e.g., sloping 25 feet or more vertical per 100 feet horizontal) when there are five adjacent contour intervals of two area feet each such that, in the aggregate, they delineate a slope of at least 25%. Man-made slopes and slopes that are to be disturbed to provide areas for stormwater management facilities, parking, or vehicle maneuvering shall not be included in the definition of steep slopes.

Steep slopes in a planned industrial park, as defined in the preceding definition, may be disturbed only if the developer demonstrates in the land development process that plans for the grading in such steep slope area have been prepared or reviewed by a geotechnical engineer or structural engineer, and a civil engineer who collectively certify that the disturbed area has been designed in accordance with applicable geotechnical, structural, grading, and stormwater management principles and that the disturbed area will be structurally sound after completion and will minimize the potential for erosion, slope failure, stream siltation, flooding and contamination of surface waters; provided, however, that the total area of steep slopes located in planned industrial parks developed pursuant to this section shall not exceed an area equal to 4% of the land area depicted on the conceptual sketch plan filed by the developer of a planned industrial park, including, but not limited to a) land owned by the developer and designated as a buffer area between the planned industrial park and adjacent land which is not zoned for industrial development and b) land owned by the developer which is designated for use in the treatment or disposal of sewage or the production or treatment of water. When each final land development plan for each separate development in a planned industrial park is approved, such plans shall contain a running total of the total steep slope disturbance in the land contained in the planned industrial park, including, but not limited a) to land owned by the developer and designated as a buffer area between the planned industrial park and adjacent land which is not zoned for industrial development and b) land owned by the developer which is designated for use in the treatment or disposal of sewage or the production or treatment of water.

To insure that the plans for the development of planned industrial parks developed under this section have been designed in accordance with applicable structural, grading, and stormwater control principles and that the areas to be graded will be structurally sound after completion of construction and will minimize the potential for erosion, slope failure, stream siltation, flooding and contamination of surface waters, the plans and associated materials which depict development in areas of planned industrial parks which contain steep slopes shall, at a minimum, comply with the following requirements:

A detailed sequence of construction is proposed to minimize accelerated erosion. A sequence of BMP installation and removal in relation to the scheduling of earth disturbance activities prior to, during and after earth disturbance activities that ensure the proper functioning of all BMPs.

A maintenance program that provides for the operation and maintenance of BMPs and the inspection of BMPs on a weekly basis and after each stormwater event, including the repair or replacement of BMPs to ensure effective and efficient operation. The program must provide the completion of a written report/log documenting each inspection and all BMP repair or replacement and maintenance activities.

Identification of potential thermal impacts to surface waters of this commonwealth from the earth disturbance activity including BMPs to avoid, minimize or mitigate potential pollution from thermal impacts.

Temporary facilities (rock construction entrance, sediment basins, compost socks, inlet protections, outfall aprons, etc.) shall be provided for during construction so as to minimize the potential for accelerated erosion.

[e]

All cut/fill slopes in competent bedrock and rock fills shall be faced and stabilized in accordance with the geotechnical engineer recommendations.

[f]

All earth disturbances, including clearing and grubbing as well as cuts and fills shall be done in accordance with the approved E&S plan. A copy of the approved drawings (stamped, signed and dated by the reviewing agency) must be available at the project site at all times. The reviewing agency shall be notified of any changes to the approved plan prior to implementation of those changes. The reviewing agency may require a written submittal of those changes for review and approval at its discretion.

[g]

At least seven days prior to starting any earth disturbance activities, including clearing and grubbing, the owner and/or operator shall invite all contractors, the landowner, appropriate municipal officials, the E&S plan preparer, the PCSM plan preparer, the licensed professional responsible for oversight of critical stages of implementation of the PCSM plan, and a representative from the local Conservation District to an on-site preconstruction meeting.

[h]

All earth disturbance activities shall proceed in accordance with the sequence provided on the plan drawings. Deviation from that sequence must be approved in writing from the local Conservation District or by the department prior to implementation.

Areas to be filled are to be cleared, grubbed, and stripped of topsoil to remove trees, vegetation, roots and other objectionable material.

[j]

Clearing, grubbing, and topsoil stripping shall be limited to those areas described in each stage of the construction sequence. General site clearing, grubbing and topsoil stripping may not commence in any stage or phase of the project until the E&S BMPs specified by the BMP sequence for that stage or phase have been installed and are functioning as described in this E&S plan.

[k]

At no time shall construction vehicles be allowed to enter areas outside the limit of disturbance boundaries shown on the plan maps. These areas must be clearly marked and fenced off before clearing and grubbing operations begin.

[l]

Immediately upon discovering unforeseen circumstances posing the potential for accelerated erosion and/or sediment pollution, the operator shall implement appropriate best management practices to minimize the potential for erosion and sediment pollution and notify the local Conservation District and/or the regional office of the department.

[m]

All building materials and wastes shall be removed from the site and recycled or disposed of in accordance with the Department's Solid Waste Management Regulations at 25 Pa. Code §§ 271.1 and 287.1 et. seq. No building materials or wastes or unused building materials shall be burned, buried, dumped, or discharged at this site.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

[n]

The contractor is responsible for ensuring that any material brought on site is clean fill; form FP-001 must be retained by the property owner for any fill material affected by a spill or release of a regulated substance but qualifying as clean fill due to analytical testing.

[o]

All pumping of water from any work area shall be done according to the procedure described in this plan over undisturbed vegetated areas. All pumping of sediment laden water shall be through a sediment control BMP, such as a pumped water filter bag discharging over nondisturbed areas.

[p]

Vehicles and equipment may only enter and exit the construction site via a stabilized rock construction entrance.

[q]

Until the site is stabilized, all erosion and sediment BMPs shall be maintained properly. Maintenance shall include inspections of all erosion and sediment BMPs after each runoff event and on a weekly basis. The operator will maintain and make available to the local County Conservation District complete, written inspection logs of all those inspections. All preventative and remedial maintenance work, including clean out, repair, replacement, regrading, reseeding, remulching and renetting must be performed immediately. If the E&S BMPs fail to perform as expected, replacement BMPs or modifications of those installed will be required.

[r]

A log showing dates that E&S BMPs were inspected as well as any deficiencies found and the date they were corrected shall be maintained on the site and be made available to regulatory agency officials at the time of inspection.

[s]

Sediment tracked onto any public roadway or sidewalk shall be returned to the construction site by the end of each work day and disposed in the manner described in this plan. In no case shall the sediment be washed, shoveled, or swept into any roadside ditch, storm sewer, or surface water.

[t]

All sediment removed from BMPs shall be disposed of in the manner described on the plan drawings. Sediment removed from BMPs shall be disposed of in landscaped areas outside of steep slopes, wetlands, floodplains or drainage swales and immediately stabilized or placed in topsoil stockpiles.

[u]

Areas which are to be topsoiled shall be scarified to a minimum depth of three inches to five inches (six inches to 12 inches on compacted soils) prior to placement of topsoil. Areas to be vegetated shall have a minimum four inches of topsoil in place prior to seeding and mulching. Fill out-slopes shall have a minimum of two inches of topsoil.

[v]

All fills shall be compacted as required to reduce erosion, slippage, settlement, subsidence or other related problems. Fill intended to support buildings, structures and conduits, etc., shall be compacted in accordance with local requirements, codes and/or geotechnical recommendations.

[w]

All earthen fills shall be placed in compacted layers not to exceed nine inches in thickness.

[x]

Fill materials shall be free of frozen particles, brush, roots, sod, or other foreign or objectionable materials that would interfere with or prevent construction of satisfactory fills.

[y]

Frozen materials or soft, mucky, or highly compressible materials shall not be incorporated into fills.

[z]

Fill shall not be placed on saturated or frozen surfaces.

[aa]

Seeps or springs encountered during construction shall be handled in accordance with the standard and specification for subsurface drain or other approved method.

[bb]

All graded areas shall be permanently stabilized immediately upon reaching finished grade. Cut slopes in competent bedrock and rock fills need not be vegetated, seeded areas within 50 feet of surface water, or as otherwise shown on the plan drawings, shall be blanketed according to the standards of this plan.

[cc]

Immediately after earth disturbance activities cease in any area or subarea of the project, the operator shall stabilize all disturbed areas. During nongerminating months, mulch or other protective blanketing shall be applied as described in the plan. Areas not at finished grade, which will be reactivated within one year, may be stabilized in accordance with the temporary stabilization specifications. Those areas which will not be reactivated within one year shall be stabilized in accordance with the permanent stabilization specifications.

[dd]

"Permanent stabilization" is defined as a minimum uniform, perennial 70% vegetative cover or other permanent nonvegetative cover with a density sufficient to resist accelerated erosion. Cut and fill slopes shall be capable of resisting failure due to slumping, sliding, or other movements.

[ee]

Erosion and sediment BMPs must be constructed, stabilized, and functional before site disturbance begins within the tributary areas of those BMPs. E&S BMPs shall remain functional as such until all areas tributary to them are permanently stabilized or until they are replaced by another BMP approved by the local Conservation District or the Department.

[ff]

Upon completion of all earth disturbance activities and permanent stabilization of all disturbed areas, the owner and/or operator shall contact the local conservation district for an inspection prior to removal/conversion of the E&S BMPs.

[gg]

After final site stabilization has been achieved, temporary erosion and sediment BMPs must be removed or converted to permanent post-construction stormwater management BMPs. Areas disturbed during removal or conversion of the BMPs shall be stabilized immediately. In order to ensure rapid revegetation of disturbed areas, such removal/conversions are to be done only during the germinating season.

[hh]

Failure to correctly install E&S BMPs, failure to prevent sediment-laden runoff from leaving the construction site or failure to take immediate corrective action to resolve failure of E&S BMPs may result in administrative, civil, and/or criminal penalties being instituted by the department as defined in Section 602 of the Clean Streams Law.[7] The Clean Streams Law provides for up to $10,000 per day in civil penalties, up to $10,000 in summary criminal penalties, and up to $25,000 in misdemeanor criminal penalties for each violation.

Editor's Note: See 35 P.S. § 691.602.

In the event of sinkhole discovery, a professional geologist or engineer will be contacted concerning mitigation. Additionally, the local County Conservation District will be made aware of the sinkhole discovery immediately.

[jj]

The operator shall assure that the approved erosion and sediment control plan is properly and completely implemented.

[kk]

The contractor is advised to become thoroughly familiar with the provisions of the Appendix 64, Erosion Control Rules and Regulations, Title 25, Part 1, Department of Environmental Protection, Subpart C, Protection of Natural Resources, Article III, Water Resources, Chapter 102, Erosion Control.[8]

Editor's Note: See 25 Pa. Code. Chapter 102.

[ll]

All wetlands must be delineated and protected with orange safety fence prior to any earthmoving activity.

[mm]

Concrete wash water shall be handled in the manner described on the plan drawings. In no case shall it be allowed to enter any surface waters or groundwater systems.

[nn]

All channels shall be kept free of obstructions including but not limited to fill, rocks, leaves, woody debris, accumulated sediment, excess vegetation, and construction material/wastes.

[oo]

Sediment basins and/or traps shall be kept free of all construction waste, washwater, and other debris having potential to clog the basin/trap outlet structures and/or pollute the surface waters.

[pp]

Sediment basins shall be protected from unauthorized acts by third parties.

[qq]

Any damage that occurs in whole or in part as a result of basin or trap discharge shall be immediately repaired by the permittee in a permanent manner satisfactory to the municipality, local conservation district, and the owner of the damaged property.

[rr]

Erosion control blanketing shall be installed on all slopes three horizontal to one vertical or steeper within 50 feet of a surface water and on all other disturbed areas specified on the plan maps and/or detail sheets.

If the foregoing requirements conflict with applicable state or federal regulations, or are superseded by future state or federal regulations, such state or federal regulations shall apply.

Editor's Note: See 25 Pa. Code Chapter 102.

Community impact analysis.

A community impact analysis may be required by the Zoning Hearing Board and/or the Township Supervisors for any proposed development of the following types:

Any residential development that proposes more than 50 dwelling units, regardless of housing type.

Any commercial or industrial development, or expansion thereof where the expansion will increase employment by 200 persons over the next three years.

Any other special or conditional use requirement of the Board of Township Supervisors.

If the proposed project is to be constructed in phases, the number of dwelling units or jobs created shall include all phases of the proposed project.

The impact analysis will include necessary information and studies to be prepared by a competent professional retained by the Zoning applicant, where qualifications shall be provided to and approved by the Supervisors.

The study shall include necessary descriptive information of the proposed development which is required to assure the Township that the proposed development is feasible and that it will be able to comply with all Township requirements including conformance with the Township's Community Development Objects; that it will serve a stable market over a substantial period of time; that it will operate efficiently and will provide safe and nonhazardous facilities meeting all of the performance and other requirements of this chapter; that it will not create detrimental impacts which will jeopardize lives of Township residents.