[Added 10-23-2023 by Ord. No. 812]
The purpose of the Redevelopment Overlay District is to:
A. 
Recognize the uniqueness of previously developed or underutilized industrial land and the man-made and environmental constraints inhibiting reuse, infill or redevelopment;
B. 
Encourage and incentivize reinvestment in such previously developed or underutilized industrial land via additional development (i.e., reuse, infill and redevelopment) opportunities; and
C. 
Provide an optional set of standards that help to encourage reinvestment and promote flexibility, economy, and ingenuity in development (i.e., reuse, infill and redevelopment), which generally is consistent with the applicable provisions of the Pennsylvania Municipalities Planning Code, including Article VI [specifically §§ 603(c)(5), 603(c)(6), 605(2)(vii) and 605(3)[1]], the Lehigh Valley Regional Comprehensive Plan and the Borough Comprehensive Plan/Statement of Community Development Objectives (§ 170-6).
[1]
Editor's Note: See 53 P.S. §§ 10603(c)(5) and (6) and 10605(2)(vii) and (3), respectively.
The Redevelopment Overlay District shall be an optional overlay district for certain land as depicted on the Zoning Map (§ 170-26, Zoning Map). While the Redevelopment Overlay District confers alternative use and development options to be employed at the discretion of the applicant, any land located within the Redevelopment Overlay District may be developed pursuant to either the standards of the Redevelopment Overlay District or the standards of the underlying zoning district, but not both. Although the Redevelopment Overlay District does not in any manner remove or alter the rights permitted by the underlying zoning district, the use of one or more of the Redevelopment Overlay District standards set forth in this Article XVIII (Redevelopment Overlay District) requires compliance with all applicable Redevelopment Overlay District standards.
A. 
All provisions of this chapter shall apply to the Redevelopment Overlay District, except where specific provisions in this Article XVIII (Redevelopment Overlay District):
(1) 
Exempt certain projects from specific provisions of other sections of this chapter; or
(2) 
Differ from or conflict with specific provisions of other sections of this chapter.
In either case, the provisions in this Article XVIII (Redevelopment Overlay District) shall control.
B. 
For any project that requires land development plan approval by the Borough Council via Chapter 153, Subdivision and Land Development, the provisions of the following sections of this chapter shall not apply, except to the extent as described herein this section below:
(1) 
Traffic impact requirements (§ 170-85). The provisions of § 170-85, Traffic impact requirements, shall apply, except that:
(a) 
Any project having a major traffic impact shall be permitted by right, provided that the major traffic impact study is submitted with the land development plan; and
(b) 
The site plan review procedures under § 170-11 shall not apply.
(2) 
Environmentally sensitive areas requirements (§ 170-86B through G). Disturbances to environmentally sensitive areas that are not permitted under § 170-86B through G, and grading within any floodplain or floodway area that is required for stream relocation and/or modification, shall be permitted in the Redevelopment Overlay District, provided that a permit or approval from the Pennsylvania Department of Environmental Protection, the Northampton County Conservation District, and/or U.S. Army Corps of Engineers, as applicable, is issued to authorize such disturbance.
C. 
Retaining wall height. The height limitations of § 170-91C, Height of fences, shall not apply to retaining walls that are designed in compliance with all applicable building code requirements of Chapter 86A, Construction Codes, Uniform.
D. 
Off-street parking demand calculation method. In lieu of the method of calculating the required minimum number of off-street parking spaces as set forth in § 170-95A, Off-street parking, the applicant for development may calculate the parking demand based on accepted standards, such as published in the most recent version of the Institute of Transportation Engineers Parking Generation Manual or another acceptable standard, including studies from a previous project with similar parking requirements. Uses not specifically listed in the most recent version of the Institute of Transportation Engineers Parking Generation Manual or another acceptable standard shall comply with the requirements for the most similar use listed in the applicable publication, unless the applicant proves, to the satisfaction of the Zoning Officer, that an alternative standard should be used for that use.
Except for the uses that specifically are listed in § 170-103, Conditional uses, as permitted by conditional use, all other uses that are permitted in the C-2 District (Article X) and/or the I-1 District (Article XI) shall be permitted by right in the Redevelopment Overlay District; provided, the applicable requirements for specific uses in § 170-83, Uses, are met.
Only the following uses are permitted by conditional use in the Redevelopment Overlay District, provided the applicable requirements for specific uses in § 170-83, Uses, are met:
A. 
F-4 Telecommunications facility.
B. 
G-16 Lawful Use Not Otherwise Permitted.
Consistent with §§ 603(c)(5) and 605(3) of the Pennsylvania Municipalities Planning Code,[1] the Borough Council may, by conditional use approval, authorize a modification of the Redevelopment Overlay District standards set forth herein Article XVIII, Redevelopment Overlay District, or other area, dimensional and design-related standards of the Zoning Ordinance, which impact the layout and design of the use or development of land in the Redevelopment Overlay District, in order to encourage the use of innovative design. Any conditional use application requesting a modification of a Redevelopment Overlay District standard or other applicable zoning standard shall be subject to the following standards:
A. 
The modification is generally consistent with the applicable elements of the:
(1) 
Intended purpose of the Redevelopment Overlay District (§ 170-98);
(2) 
Purposes of the Zoning Ordinance (§ 170-5); and
(3) 
Borough Comprehensive Plan/statement of community development objectives (§ 170-6).
B. 
The modification will not result in any danger to the public health and safety, nor adversely impact adjoining properties or future inhabitants or occupants of the Redevelopment Overlay District.
C. 
The modification will allow for equal or better results and represents the minimum amount of relief necessary to ensure compliance with the applicable standard.
[1]
Editor's Note: See 53 P.S. §§ 10603(c)(5) and 10605(3), respectively.