The basic regulations governing the use of land, the size of lots, yards and buildings within each zoning district are established in this article. For certain specific uses or exceptional situations, these basic regulations are supplemented by Articles V and VI and by other provisions of this chapter.
A.
Regulations governing the use of land.
(1)
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.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
B.
Regulations governing the size of lots, yards and buildings.
(1)
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]
[2]
Editor's Note: Said schedule is included as an attachment to this chapter.
C.
Minimum lot areas where environmental
constraints exist.
(1)
Purpose of this § 350-13C.
(a)
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.
(2)
General procedure for increasing minimum lot sizes.
(a)
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.
(b)
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.
(c)
This reduction of the overall gross density of the area will
have a beneficial effect on the environment.
(3)
Constraints and development suitability factors.
(a)
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:
[1]
Street or public rights-of-way;
[2]
Utility rights-of-way;
[3]
Stormwater management easements and structures;
[4]
Wetland areas;
[5]
Areas located in any 100-year floodplain;
[6]
Water bodies including but not limited to ponds, lakes and streams;
[7]
Areas subject to subsidence due to sinkholes or other conditions.
(b)
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.
(c)
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:
(d)
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.
(e)
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.
|
(4)
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.
(5)
Source of data.
(a)
The source of data available to the zoning applicant and his/her
professional personnel, for making these determinations may include
the following:
[1]
Use of topographic maps, aerial photos or site surveys to determine
the grade of the steep slope areas;
[2]
The use of the County Soil Survey Study, referred to above,
which provides information and tabular presentation on all of the
development suitability requirements;
[3]
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);
[4]
Use of wetland information available from the Army Corps of
Engineers;
[5]
Tax maps and GIS information from the County Assessment Office;
[6]
Other reliable data available to the applicant, properly documented
with copies submitted of pertinent information.
(b)
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.
(6)
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.
A.
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.
B.
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.
D.
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.
E.
The specific uses included in each use class are outlined below.
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]
A.
Use Class 1, Open Spaces Uses.
(1)
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.
(2)
Open space uses also include reclamation areas, previously affected
by extraction of resources, which are currently scheduled for cleanup
and restoration.
(3)
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).
(4)
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).
(5)
Outdoor camps created by nonprofit groups such as the Boy/Girl Scouts,
and hunting or wildlife management organizations and hunting groups.
(6)
All open space uses identified above and developments located on
a site which exceeds 15 acres in size.
(7)
Any related structures associated with the above uses shall not exceed
5% of the total lot area.
B.
Use Class 2, Agriculture.
(1)
Includes the following agriculture or agricultural related activities:
(a)
Agriculture and agricultural industry uses, as defined herein,
and including the following uses.
(b)
Aquaculture.
(c)
Apiaculture (beekeeping).
(d)
Nurseries, greenhouses and related horticultural uses.
(e)
Logging and forestry.
(f)
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]
(g)
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.
(h)
Wildlife sanctuary, nature center, outdoor education laboratory,
woodland preserve or arboretum and outdoor recreation areas.
(j)
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.
(3)
Game farm, hunting and fishing reserves, or similar uses designed
for the protection or propagation of wildlife.
(4)
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.
(5)
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:
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
Processing of animal products on the site shall be limited to
animals primarily produced on the premises.
(6)
All farming activities shall be conducted in accordance with the
following:
(d)
Concentrated animal feeding operations ("CAFO") to comply with
the National Pollutant Discharge and Elimination System (NPDES).
(e)
PADEP Publication titled "Manure Management for Environmental
Protection," No. 361-0300-001, dated January 22, 2000.
(7)
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.
C.
Use Class 3, Single-Family Residential. Includes single-family detached
dwellings.
D.
Use Class 4, Two-Family Residential. Includes single-family semidetached
residential and two-family detached dwelling structures.
E.
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.
F.
Use Class 6, Neighborhood Commercial. Includes the following permitted
commercial use categories subject to review and approval by the Zoning
Officer:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
Membership clubs and clubhouses, art galleries and theaters.
(7)
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.
(8)
The above uses shall be subject to the requirements of Schedules
I and II[7] and also to the following additional restrictions:
(a)
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.
(b)
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:
[1]
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.
(c)
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.
[7]
Editor's Note: Said schedules are included as an attachment to this chapter.
(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.
G.
Use Class 7, General Commercial.
(1)
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.
(2)
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.
(3)
Proposed uses may include the following:
(a)
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]
[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."
(b)
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.
(c)
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.
(d)
Warehousing and storage uses not exceeding 40% of the gross
floor area of the building.
(e)
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.
(f)
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.
(g)
Auto service stations, including major repairs.
(i)
Lawn and garden center.
[Added 4-27-2009 by Ord.
No. 2009-07]
(j)
Lawn or garden outdoor property maintenance operation (if more
than one employee).
[Added 4-27-2009 by Ord.
No. 2009-07]
H.
Use Class 8, General Industrial.
(1)
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]
(2)
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]
(3)
Proposed uses may include the following:
(a)
All uses set forth and included in Use Classes 6 and 7.
(b)
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]
(c)
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.
(d)
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.
(e)
Creation of new industrial parks attractively developed and
designed to attract new industry.
(f)
Professional and business offices related to any permitted use
in this use class.
(g)
Wholesale business, storage and warehousing establishments,
truck and freight terminals, and delivery and distribution centers.
(h)
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.
(i)
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.
[9]
Editor's Note: Said schedule is included as an attachment to this chapter.
I.
Use Class 8A, New Industrial Parks.
[Added 9-9-2020 by Ord.
No. 2020-02]
(1)
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:
(a)
Uses by right.
[1]
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.
[2]
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.
[3]
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.
[4]
Gasoline station.
[5]
Truck stop.
[6]
Truck repair facility.
[7]
Hotel.
[8]
Restaurant.
[9]
Bank or financial institution.
[10]
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.
(2)
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;
(3)
Tract area:
(a)
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.
(b)
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.
(4)
Lots in a planned industrial park. A planned industrial park may
contain multiple lots, each of which shall contain a minimum two acres.
(5)
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.
(6)
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.
(7)
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.
(8)
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:
(a)
The maximum surface display area of the sign shall not exceed
100 square feet on any one face.
(b)
The maximum height shall not exceed 35 feet.
(c)
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:
(a)
One freestanding sign shall be permitted for each individual
building within a planned industrial park development.
(b)
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.
(c)
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:
(a)
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.
(b)
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:
(a)
The maximum surface display area of each sign shall not exceed
50 square feet on any one face.
(b)
The maximum height shall not exceed 35 feet.
(c)
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:
(a)
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:
[1]
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
[2]
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.
[10]
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.
J.
Use Class 9, Customary Accessory Uses. Includes uses customarily
accessory to the principal use of a lot. Such uses include the following:
(1)
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:
(b)
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).
(d)
Private garages or parking areas.
(e)
Off-street parking, loading and driveway access areas.
(f)
Outdoor storage sheds, not exceeding a ground floor area of
15% of the ground floor area of the principal structure.
(i)
Temporary tract offices and uses.
(j)
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.
[1]
Editor's Note: Said schedules are included as attachments to this chapter.
A.
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.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
B.
All special exception uses shall conform with the applicable requirements of § 350-19 and with other applicable sections of this chapter.
C.
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.
D.
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.
E.
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.
F.
Applicants for special exception uses shall comply with the site plan review procedures set forth in § 350-32.
G.
The following regulations shall apply to special exception uses which
are authorized by the Board.
(1)
Use Class 10, Multifamily Residential.
[Amended 3-26-2018 by Ord. No. 2018-02]
(a)
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.
(b)
Minimum lot areas and yard sizes shall comply with the requirements
of Schedule II[2] of the VCR-1 (VC/R) Zoning District.
[2]
Editor's Note: Said schedule is included as an attachment to this chapter.
(c)
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.
|
(d)
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.
(e)
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.
(2)
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:
(a)
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.
(b)
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.
(c)
Bed-and-breakfast homesteads or inns as defined in Article II shall further comply with the following:
(d)
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
|
(e)
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.
(3)
Use Class 12, Rural Area Business.
(a)
Rural area businesses, as defined in Article II, may be permitted in the OSC and A-1 Zoning Districts as a special exception use.
[1]
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]
[2]
Processing and distribution of locally grown agricultural products,
but excluding slaughterhouses.
[3]
Roadside stands for the sale of agricultural products produced
locally excluding slaughterhouses.
[4]
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.
[5]
Farmers auctions and flea markets, in accordance with the temporary use provisions of § 350-31A.
[7]
Sawmills.
[8]
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.
(b)
Prior to approving such uses, the Board shall determine compliance
with the following:
[1]
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.
[3]
Editor's Note: Said schedule in included as an attachment to this chapter.
[2]
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.
[3]
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.
[4]
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.
[5]
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.
[6]
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.
(4)
Use Class 13, Appropriate Public Uses and Essential Services.
(a)
Includes the following appropriate public uses and essential
services provided by public utilities:
[1]
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.
(b)
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.
(c)
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.
(d)
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.
A.
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.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
B.
All conditional uses shall also conform with the applicable requirements of § 350-19 and with other applicable sections of this chapter.
C.
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])
[2]
Editor's Note: Said attachment is on file in the Township
offices.
D.
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.
E.
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.
F.
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.
G.
Conditional use classes which are authorized for consideration by
the Supervisors are set forth below.
(1)
Use Class 14, Special Commercial.
(a)
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.
(b)
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:
[1]
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.
[2]
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.
(c)
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).
(d)
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.
(e)
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).
(f)
Approval of all such uses require adherence to the conditional
review procedure including review by the Planning Commission and approval
by the Supervisors.
(g)
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.
(i)
Any adverse affects on adjoining or nearby residences should
be identified in advance.
(2)
Use Class 15, Special Heavy Industrial.
(a)
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.
[2]
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.
[3]
Junkyards, salvage and other recycling facilities, as defined
herein.
[4]
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.
[a]
At least 40% of the activity shall be carried on
in a completely enclosed building, except for off-street parking and
loading facilities.
[b]
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]
[6]
Editor's Note: Said schedule is included as an attachment to this chapter.
[5]
Other unique, innovative and emerging industrial processes which
do not adversely affect the environment or the health and safety of
residents and workers.
[6]
Communication towers and wireless telecommunication services,
antennas towers required to provide services to the Township in accordance
with Township Ordinance No. 99-03.[7]
[7]
Editor's Note: Said ordinance is included as an attachment to this chapter.
[4]
Editor's Note: Ordinance No. 2000-5 (referenced as Attachment
F) is a Zoning Map amendment and is on file in the Township offices.
(4)
Use Class 16, Special Purpose Housing for the Elderly.
(a)
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.
(b)
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:
[1]
Multifamily dwellings for independent and semi-independent living.
[2]
Personal care and long-term care facilities for persons requiring
nursing or convalescent care for extended periods of time.
[3]
Community and activity rooms for special activities such as
auditorium, library, lounge, chapel, dining facility and indoor recreation
facilities.
[4]
Necessary administrative and service facilities including medical
support facilities and personal care services.
[5]
Related outdoor recreation uses and other ancillary uses.
(c)
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.
(d)
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.
(e)
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.
(f)
No building shall be located closer than 30 feet to any front,
side or rear property line of the tract.
(g)
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.
(h)
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.
(5)
Use Class 17, Mobile Home Parks.
(a)
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.
(b)
Such mobile home parks shall be developed on a minimum tract
size of 10 acres and shall conform with the following:
[2]
All requirements of the Pennsylvania Department of Environmental
Protection (DEP) shall be met.
[3]
All mobile home parks shall be served with approved public water
and sewer facilities.
[4]
There shall be a minimum distance of 25 feet between mobile
homes.
[5]
The overall net project density shall not exceed one dwelling
per acre.
[6]
Twenty percent of the site shall be set aside in open space
and half of that amount shall be usable recreation area.
[7]
Minimum tract road frontage width shall be 300 feet.
[8]
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.
(6)
Use Class 18, Detention Center.
(a)
Detention centers, as defined herein, for persons involuntarily
committed to penile, juvenile delinquent, medical, mental health or
other interment facilities.
(b)
All such facilities shall provide adequate security and shall
comply with the following:
[1]
Minimum lot area: five acres.
[2]
Maximum building coverage, including coverage by impervious
areas: 35%.
[3]
Maximum building height: three stories and 45 feet.
[5]
Off-street parking adequate to serve peak employee and visitor
usage.
[6]
Off-street loading adequate to meet projected loading vehicle
requirements and dock space to expedite loading and unloading usage,
storage and circulation requirements.
(c)
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.
(d)
Factors to be considered by Supervisors shall include, but are
not limited to the following:
[1]
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.
[2]
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.
[3]
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.
[4]
Lighting or traffic patterns, appearance of the facility and
adequacy of landscaping and buffers provided, and other factors to
determine any adverse impact.
(e)
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.
(7)
Use Class 19, Adult-Oriented Uses.
(a)
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.
(b)
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.
(c)
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]
[8]
Editor's Note: Said schedule is included as an attachment to this chapter.
(8)
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:
(a)
Objectives and purpose.
[1]
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.
[2]
To preserve the natural features and resources of the site.
[3]
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.
[4]
To provide for the development of three related complementary
uses which enhance the overall plan for the mutual benefit of all
users.
[5]
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.
[6]
To minimize the amount of environmentally constrained lands
which are included in areas or lots to be developed for residential
uses.
(b)
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:
[1]
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.
[9]
Editor's Note: Said schedule is included as an attachment to this chapter.
[2]
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.
[3]
Open space conservation area.
[a]
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.
[b]
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.
(c)
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:
[1]
Golf course use shall contain an eighteen-hole regulation golf
course including a club house and other appropriate.
[2]
Single-family residential units shall meet the minimum dimensions set forth in Subsection G(8)(d) below.
[3]
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.
(d)
Minimum lot sizes in residential area. Single-family housing
units shall be permitted by the Supervisors subject to the following
dimensional requirements:
[1]
Minimum lot area: 30,000 square feet.
[2]
Minimum lot width: 100 feet.
[3]
Minimum lot depth: 200 feet.
[4]
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.
[6]
Minimum rear yard setback: 35 feet.
[7]
Minimum lot frontage at the street right-of-way on a cul-de-sac
or curve may be reduced to 50 feet.
[8]
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).
(e)
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:
[1]
Ownership of single-family units by individual land, condominium
or cooperative owners, cooperating through membership in a property
owners, condominium or cooperative association.
[3]
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.
[a]
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.
[b]
Review of the ownership arrangements and agreements
for the coordination of all owners shall be submitted to the Supervisors
prior to final approval.
(f)
Environmental principles for golf course development.
[1]
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.
[2]
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:
[3]
Principles for development of golf courses include the following:
[4]
[5]
An experienced and qualified golf course architect or Designer
should be retained to prepare the design and to address environmental
issues.
[6]
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.
[7]
The development shall be served by a public sanitary sewer system
and a public water supply system.
[8]
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.
[9]
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.
(g)
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.
(h)
Other conditions, references, and note. Other requirements and
conditions of proposals submitted shall include the following:
[1]
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.
[2]
Compliance with all other applicable federal, state and Township
regulations, including necessary permits where required.
[4]
References made above to several agencies available to help
and/or participate in proposals of this type include the following:
[a]
United States Golf Association (USGA).
|
P. O. Box 708
Far Hills, NJ 07931
Phone: 908-234-2300
|
[b]
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
|
[c]
The Center for Resource Management
|
1104 East Ashton Avenue, Suite 210
Salt Lake City, UT 84106
|
A.
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
|
B.
Review procedure.
(1)
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.
(2)
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:
(b)
Conformance with the conditions and requirements set forth in
each use class under which they are being reviewed.
(c)
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:
(d)
Determination that the size of the building shall not jeopardize
the following:
[1]
Health, welfare and safety of the neighborhood and area in which
it is to be located and of all users of the building.
[2]
Compatibility with surrounding uses in the area and surrounding
neighborhood.
[3]
Creation of excessive congestion noise, environmental problems,
traffic and/or parking congestion.
[4]
Compliance of the building with required standards for addressing
the needs of handicapped persons.
[5]
Safeguards built into large buildings which would discourage
terrorist action or vandalism.
(e)
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.
A.
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:
(2)
Data and information submitted with the zoning application.
(3)
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.
(4)
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.
B.
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:
(1)
In determining whether a proposed use is or may become noxious, hazardous
or offensive, the following standards shall apply. The proposed use
may not:
(a)
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.
(b)
Result in noise or vibration clearly exceeding the requirements of Chapter 193, Noise, of the Township Code.
(c)
Endanger surrounding areas by reason of radiation, fire or explosion.
(d)
Produce objectionable heat, glare or outdoor lighting beyond the property line, and compliance with § 350-33I.
(e)
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.
(f)
Discharge any untreated sewage or industrial waste into any
stream or river or otherwise contribute to the pollution of surface
or underground waters.
(g)
Endanger the underground water level or supply for other properties
consistent with applicable state and federal standards.
(h)
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.
(i)
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.
(2)
The applicant shall demonstrate to the competent authority designated
by the Township that:
(b)
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.
(c)
The competent authority may require the following in order to
determine that adequate safeguards are provided:
[1]
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.
[2]
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.
[3]
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.
C.
Traffic impact requirements.
(1)
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.
(2)
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.
(3)
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.
(a)
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.
(b)
Conditional uses.
[1]
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.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
[2]
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.
[3]
The developer shall identify all subsequent phases.
(c)
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.
(d)
Requirements for projects having a major traffic impact. All
projects which are determined to have a major traffic impact shall
comply with the following:
[2]
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.
[3]
All projects requiring the utilization of a PA State road shall
also require receipt of any applicable permit from PennDOT.
(e)
Major traffic impact study. A major traffic impact study shall
include at least the following:
[1]
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.
[2]
Identification of all major roads and intersections serving
and substantially impacted by the project.
[3]
An analysis of how the proposed project users or residents will
use these major roads.
[4]
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.)
[2]
Editor's Note: Said schedule is included as an attachment to this chapter.
[5]
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.)
[6]
Estimates of future traffic volumes (ADT) weekday peak hour
volumes and weekend peak hour volumes after development of all stages
of the project.
[7]
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.
[8]
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.
[9]
Solutions proposed by the developer to alleviate the identified
problems and deficiencies and the proposed cost of these improvements.
[10]
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:
[a]
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.
[b]
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.
[c]
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.
[d]
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.
D.
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:
(1)
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.
(a)
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)]
(b)
Wetland areas.
[1]
Delineation of wetlands boundaries.
[a]
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.
[b]
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.
[2]
Special requirements for wetland protection.
[a]
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.
[b]
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.
(c)
Groundwater aquifers and recharge areas.
[1]
GROUNDWATER
GROUNDWATER AQUIFERS
RECHARGE AREAS
Definitions. As used in this section, the following terms shall
have the meanings indicated:
Is replenished or recharged by the rain or snow that falls
on the land.
Are permeable saturated underground formations of rock, sand
or gravel.
Are land surface areas through which groundwater enters the
earth.
[2]
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.
(d)
River, streams, ponds, and lakes.
[1]
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.
[3]
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.
[4]
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.
(e)
Steep slopes.
[1]
STEEP SLOPES
Definition. As used in this section, the following terms shall
have the meanings indicated:
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).
[2]
Special regulations.
[a]
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.
[b]
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.
[c]
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.
(f)
Stormwater runoff control.
[1]
Purpose. The purpose of stormwater runoff control are:
[a]
To guide drainage and prevent increase in runoff
on and off the site.
[b]
To prevent destruction and loss of soils on and
off the site from increased runoff.
[c]
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.
[2]
Special requirements for stormwater runoff control.
[a]
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.
[i]
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.
[ii]
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.
[iii]
The Supervisors may accept or reject such a plan
utilizing recommendations made by the Planning Commission and any
designated competent authority.
(g)
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:
[1]
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:
[2]
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:
[a]
Areas where buildings, impervious surfaces and
stormwater management facilities should not be located.
[b]
Measures that should be taken to minimize the risk
of structural damage.
[c]
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.
[3]
CARBONATE GEOLOGY
CLOSED DEPRESSION
FRACTURE TRACE
GHOST LAKES
KARST
SINKHOLE
The following definitions shall apply to this section:
Limestone or dolomite rock formations formed by carbonate
sedimentation in shallow sea waters.
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.
Linear features in rock of less than one mile in length appearing
on aerial photographs, representing zones of fracture concentrations
in the bedrock.
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.
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.
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.
(h)
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:
[1]
A Natural Areas Inventory of Lehigh and Northampton Counties,
PA, prepared by the PA Science Office of the Nature Conservancy, dated
1999.
[2]
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.
[3]
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:
[a]
The presence and nature of such natural conditions
and their precise location on the land.
[b]
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.
[c]
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.
[i]
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.
[ii]
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.
(i)
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.
(j)
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]
[1]
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.
[2]
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.
[3]
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]
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.
[b]
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.
[c]
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.
[d]
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.
[i]
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.
[7]
Editor's Note: See 35 P.S. § 691.602.
[ii]
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]
[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.
[4]
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.
[6]
Editor's Note: See 25 Pa. Code Chapter 102.
E.
Community impact analysis.
(1)
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:
(a)
Any residential development that proposes more than 50 dwelling
units, regardless of housing type.
(b)
Any commercial or industrial development, or expansion thereof
where the expansion will increase employment by 200 persons over the
next three years.
(c)
Any other special or conditional use requirement of the Board
of Township Supervisors.
(2)
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.
(3)
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.
(4)
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.
