[Ord. 577, 10/2/1989; as amended by Ord. 663, 3/6/2000]
1. Erosion
and Sedimentation Control.
A. All earth-moving
activities shall be conducted in such a way as to prevent accelerated
erosion and the resulting sedimentation.
B. No earth-moving
or soil disturbance may take place until an erosion and sedimentation
control plan has been developed in accordance with Chapter 102, Erosion
Control, P.L. 1987. Such a plan is to be maintained on the construction
site until all disturbed areas are finally stabilized.
C. The erosion
and sedimentation control plan shall be developed in the form outlined
in the Soil Erosion and Sedimentation Control Manual, issued by the
Department of Environmental Resources.
D. All erosion and sedimentation control plans shall be submitted with the final plan as set forth in §
22-303, Subsection
4K, of this Chapter.
E. When
it has been determined that an earth-moving permit is required, the
application for such a permit must be filed with the County Conservation
District. The applicant shall submit an erosion and sedimentation
control plan to the County Conservation District for review and recommendations
whether a permit for earth-moving is required or not.
2. Natural
Feature Preservation.
A. The design
and development of all subdivisions and land developments shall preserve,
whenever possible, natural features which will aid in providing adequate
open space for recreation and conditions generally favorable to the
health, safety, and welfare of the residents. Some of these natural
features are the natural terrain of the site, woodland areas, large
trees, natural watercourses and bodies of water, wetlands, rock outcroppings,
and scenic views. More detailed standards concerning the preservation
of specific natural features are set forth in the following subsections.
B. Floodplain
Regulation.
(1) A map illustrating flood elevations for the tract for a 100-year flood, where applicable, shall be submitted as part of the sketch plan material as set forth in §
22-301. The flood elevation map shall be based on the Nazareth Borough Flood Insurance Rate Map (FlRM). When not available, the map shall be based on an estimated 100-year flood elevations or estimated areas subject to flooding based on best available data.
(2) A developer shall adhere to the following standards within areas
designated as regulatory flood ways and flood fringe areas on the
flood elevation map.
(a) No buildings are to be constructed in regulatory floodways. Other
encroachments may be permitted provided that the encroachment will
not cause any increase in the 100-year flood elevation at any point.
Consideration of the effects of a proposed use shall be based on a
reasonable assumption that there will be an equal degree of encroachment
extending for a significant reach on both sides of the stream.
(b) Structures may be permitted in flood fringe areas provided that the
lowest floor (including basement) is elevated at least one foot above
the 100-year flood elevation and that the proposed improvements will
not increase the water surface elevation of the 100-year flood by
more than one foot at any point. The lowest floor of non-residential
structures may be constructed below the 100-year flood elevation provided
that below this elevation the structure is watertight with walls substantially
impermeable to the passage of water and is designed with structural
components having the capability of resisting forces caused by floodwaters.
C. Stream
Frontage Preservation.
(1) Stream frontage shall be preserved as open space whenever possible. This area may be credited toward the open space requirement set forth in §
22-409, Subsection
3.
(2) Access to the water and maintenance easement area shall be provided
at intervals of not more than 1/2 mile. These access points shall
not be less than 100 feet in width.
D. Tree
Preservation and Planting.
(1) Trees six inches or more in diameter (measured at a height 4 1/2
feet above grade) may be removed if they are located within the proposed
cart way or sidewalk portion of a proposed street right-of-way, or
within 15 feet of the foundation area of a new building with the approval
of the Planning Commission. Areas in which trees are retained shall
remain at original grade level and undisturbed wherever possible.
(2) Where no existing trees are retained along proposed street rights-of-way,
trees shall be planted at intervals of between 50 and 100 feet but
in no instance shall there be less than one tree per lot. Trees shall
not be retained or planted within three feet of the street curb or
the sidewalk. Trees may be retained or planted between the street
curb and the sidewalk if there is a minimum distance of six feet.
(3) A landscape plan shall be drawn for all commercial, industrial and
multi-family developments. The plan shall show existing and proposed
vegetative cover.
(4) The landscape plan shall include trees in addition to those required
along the street rights-of-way. The following standards are to be
used as a guide to the number, not the spacing or location, of additional
trees required.
(a) One tree per dwelling unit.
(b) One tree per 50 linear feet of newly constructed street.
(5) Where the species and size of the plantings is not additionally controlled by the provisions of the Shade Tree Ordinance [Chapter
25], consideration shall be given in the species selection to disease and storm resistance.
E. Topsoil
Protection. Topsoil shall not be removed from the development site
or used as fill. Topsoil shall be removed from the areas of construction
and stored separately. The topsoil shall be stabilized to minimize
erosion during storage. Upon completion of the construction, topsoil
must be uniformly redistributed on the site.
3. Open Space
and Recreation Areas. Subject to the provisions and requirements of
the Municipalities Planning Code, the open space and creation needs
of subdivisions and land developments shall be met as follows:
A. For subdivisions and land developments involving less than 60 lots or dwelling units, cash in lieu of recreation space shall be provided as set forth in §
22-409, Subsection
3C.
B. For subdivisions
and land developments involving 60 or more lots or dwelling units,
the recreation needs shall be met as follows:
(1) Land may be offered for dedication to the Borough, subject to approval
by Borough Council. A minimum of 750 square feet per lot or dwelling
unit shall be provided. The land offered for dedication shall not:
(1) be subject to flooding, (2) have slopes in excess of 15%, (3)
include storm water management facilities, (4) include wetlands, or
(5) include quarries and/or other dangerous features. The Borough
Council shall consider the offer relative to the following factors:
(a) The suitability of the size, shape and landform of the tract for
appropriate recreational facilities.
(b) Accessibility for future users.
(c) Conformity with the recreation element of the Comprehensive Plan.
(d) The ability to provide adequate security.
(2) Cash in lieu of open space may be provided as set forth in §
22-409, Subsection
3C.
C. Cash
in lieu of open space and recreation land dedication shall be provided
to and used by the Borough as follows:
(1) The cash in lieu shall be $1,000 per lot or dwelling unit whichever
is greater.
(2) The use of the monies purchase of lands for recreation improvement
of said areas, or other