[Ord. No. 199, 1/15/2025]
1. 
For the purpose of this chapter,, as amended, the Township is hereby divided into the following base zoning districts, with the following abbreviations:
A. 
TD1 Field and Wood.
B. 
TD2 Estate Residential.
C. 
TD4 Village Residential.
D. 
TD5 Town Residential.
E. 
TD6 Village Mixed Use.
F. 
TD9 Contracting, Craftsman and Artisan.
G. 
TD10 Assembly and Distribution.
H. 
TD11 Manufacturing, Extraction and Processing.
2. 
For the purposes of this chapter, as amended, the zoning districts named in Subsection 1, shall be shown on the "Official Zoning Map."[1]
[1]
Editor's Note: Said map is an attachment to this chapter.
3. 
Overlay Districts. The floodplain area, as defined by Part 5, shall serve as an overlay district to the applicable underlying districts.
4. 
Purposes of Each District. In addition to serving the overall purposes and objectives of this chapter, as amended, and the Comprehensive Plan, each zoning district is intended to serve the following purposes:
A. 
TD1 Field and Wood. To preserve agricultural lands and woodlands, to encourage conservation of open space and rural landscapes, and to allow for limited low-density residential uses and limited business uses compatible with working lands.
B. 
TD2 Estate Residential. To accommodate low-density single-family detached dwellings on larger lots which may not be serviced by public sewer and water, and in conjunction with rural agriculture activities.
C. 
TD4 Village Residential. To accommodate medium-density neighborhoods of single-family attached and detached dwellings typically along local streets with a more, walkable grid-like pattern.
D. 
TD5 Town Residential. To provide for neighborhoods that are medium to high density and accommodate a mix of single and multifamily dwellings, typically along local streets with a more walkable grid-like pattern.
E. 
TD6 Village Mixed Use. To accommodate medium-density clusters of low-impact, neighborhood-oriented residential and nonresidential land uses in rural communities, ranging from single-family dwellings to professional offices to small institutional buildings.
F. 
TD9 Contracting, Craftsman and Artisan. To accommodate low-intensity uses that involve producing, repairing and/or selling products involving primarily handmade workmanship, which may be conducted on the premises or within a residential dwelling and which does not detrimentally impact the residential character of surrounding properties.
G. 
TD10 Assembly and Distribution. To provide for locations accommodating less intense industrial land uses such as light manufacturing, warehousing and distribution, research/testing facilities, and supporting offices.
H. 
TD11 Manufacturing, Extraction and Processing. To provide locations for high intensity production, fabrication, and similar industrial uses and activities and to make appropriate provisions for the extraction and processing of mineral deposits from the earth that support the protection of health, safety, and welfare for the region's citizens.
[Ord. No. 199, 1/15/2025]
1. 
The regulations set by this chapter, as amended, shall apply uniformly to each class or kind of structure or land, except as provided for in this chapter, as amended.
2. 
No structure shall hereafter be erected, used, constructed, reconstructed, structurally altered or occupied and no land shall hereafter be used, developed or occupied unless it is in conformity with the regulations herein specified for the use and district in which it is located.
3. 
No yard or lot existing at the time of passage of this chapter, as amended, shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
4. 
Boundary Change. Any territory which may hereafter become part of the Township through annexation or a boundary adjustment shall be classified as the TD2 Estate Residential district of the Township until or unless such territory is otherwise classified by Board of Supervisors.
[Ord. No. 199, 1/15/2025]
1. 
A map entitled "Upper Nazareth Township Zoning Map" accompanies this chapter, as amended, and is declared a part of this chapter. The Official Zoning Map, which should bear the adoption date of this chapter and the words "Official Zoning Map," shall be retained in the Township Building.
2. 
Map Changes. Changes to the boundaries and districts of the Official Zoning Map shall only be made in conformity with the amendment procedures specified in the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq. All changes should be noted by date with a brief description of the nature of the change, either on the map or within an appendix to this chapter.
[Ord. No. 199, 1/15/2025]
1. 
The following rules shall apply where uncertainty exists as to boundaries of any district as shown on the Zoning Map:
A. 
District boundary lines are intended to follow or be parallel to the center line of street rights-of-way, waterbodies and railroads, and lot lines as they existed on a recorded deed or plan of record in the County Recorder of Deeds' office at the time of the adoption of this chapter, unless such district boundary lines are fixed by dimensions as shown on the Official Zoning Map.
B. 
Where a district boundary is not fixed by dimensions and where it approximately follows lot lines, such boundary shall be construed to follow such lot lines unless specifically shown otherwise.
C. 
The location of a district boundary on un-subdivided land or where a district boundary divides a lot shall be determined by the use of the scale appearing on the Zoning Map unless indicated otherwise by dimensions.
D. 
Where a municipal boundary divides a lot, the minimum lot area shall be regulated by the Township in which the principal use(s) are located, unless otherwise provided by applicable case law. The land area within each municipality shall be regulated by the use regulations and other applicable regulations of each municipality.
[Ord. No. 199, 1/15/2025]
1. 
Intent. To continue the objective of compatible land uses across municipal boundaries.
2. 
This chapter, as amended, requires additional setbacks and the provision of buffer yards when certain uses would abut an existing dwelling or a residential zoning district. These same additional setback and buffer yard provisions shall be provided by uses proposed within the Township regardless of whether such abutting existing dwelling or principally residential zoning district is located in an abutting municipality and/or in the Township.
[Ord. No. 199, 1/15/2025; Ord. No. 202, 6/18/2025]
1. 
General.
A. 
Zoning District Quick Views identify the principal and accessory uses permissible within each of the Township's zoning districts.
B. 
Unless otherwise provided by state or federal law or specifically stated in this chapter, as amended, (including § 27-106, Subsection 2), any land or structure shall only be used or occupied for a use specifically listed in this chapter, as amended, as permitted in the zoning district where the land or structure is located. Such uses shall only be permitted if the use complies with all other requirements of this chapter.
C. 
In accordance with Article VIII-A of the Pennsylvania Municipalities Planning Code (MPC), the Township shares some land uses with Lower Nazareth Township and Chapman Borough. See the Zoning Ordinances of Lower Nazareth Township and/or Chapman Borough for any land uses and corresponding definitions not permissible in any zoning district of Upper Nazareth Township. See also the definition for "Any Residential Land Uses Not Assigned Otherwise."
D. 
For uses permitted as a conditional use or special exception, see additional requirements in Part 4.
E. 
For temporary uses, see § 27-104, Subsection 7.
F. 
When an applicant uses the increased density development option, the lot sizes may be revised.
2. 
Permitted Accessory Uses in All Districts. An accessory use of a dwelling is only permitted if such use is customarily incidental to the residential use and is specifically permitted by this chapter. The following accessory uses are permitted by right as accessory uses to a lawful principal use in all districts, within the requirements of this chapter:
A. 
Standard antennas, including antennas used by contractors to communicate with their own vehicles.
B. 
Fence or wall.
C. 
Garage, household.
D. 
Garage sale.
E. 
Pets, keeping of.
F. 
Parking or loading, off-street, only to serve a use that is permitted in that district.
G. 
Recreational facilities, limited to use by residents of a development or students at a primary or secondary school or center for the care and treatment of youth, and their occasional invited guests.
H. 
Residential accessory structure.
I. 
Signs, as permitted by Part 7.
J. 
Swimming pool, accessory.
K. 
Such other accessory use or structure that the applicant proves to the satisfaction of the Zoning Officer is clearly customary and incidental to a permitted by right, special exception or conditional principal use.
3. 
Permitted Accessory Uses to Business and Institutional Uses. The following are permitted by right accessory uses to a lawful commercial, industrial or institutional principal use, provided that all requirements of this chapter, as amended, are met:
A. 
Storage of fuels for on-site use or to fuel company vehicles.
B. 
The following accessory uses, provided that the use is clearly limited to employees, patients, residents and families of employees of the use and their occasional invited guests:
(1) 
Internal cafeteria without drive-through service.
(2) 
Accessory child care center.
(3) 
Recreational facilities.
C. 
Bus shelters.
D. 
Automatic transaction machine.
E. 
Storage sheds.
F. 
Charitable donation collection bins located in the following districts: TD1, TD6, TD9, TD10, and TD11.
4. 
Commercial Uses in Residential Developments of 200 or More Dwelling Units.
A. 
If a new residential subdivision or land development is submitted to the Township that will include 200 or more dwelling units, then as a conditional use, certain commercial uses and the parking areas that serve them shall be allowed on a maximum of 5% of the land area of that subdivision or land development. This provision may apply in any district where such dwellings would be allowed. Such commercial uses shall not be occupied until a minimum of 150 of the dwelling units have been occupied.
(1) 
Such commercial uses shall be limited to retail sales, personal services, offices and business services. The commercial uses shall be clustered in one portion of the tract. Adult uses and drive-through uses shall be prohibited.
(2) 
As part of the conditional use approval, the applicant shall prove to the satisfaction of the Board of Supervisors that the commercial uses will be located and designed to minimize conflicts with existing and planned dwellings and to provide for proper traffic access onto public streets.
5. 
Condominiums. Uses may be developed in condominium ownership without each dwelling required to be on its fee simple lot; provided:
A. 
The applicant complies with the State Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq., and/or Planned Communities Act, 68 Pa.C.S.A. § 5101 et seq., as applicable.
B. 
The applicant proves to the Township that the site layout of the dwellings would have been able to meet all of the dimensional requirements if a condominium arrangement had not been used. For example, for single-family detached dwellings, the applicant is required to show that each dwelling could have been placed as proposed and still meet the minimum lot area, minimum yards and all other requirements.
6. 
Quickviews. The following Quick Views are associated with base zoning district requirements.
TD-1 FIELD AND WOOD
Purpose Statement:
To preserve agricultural lands and woodlands, to encourage conservation of open space and rural landscapes, and to allow for limited low-density residential uses and limited business uses compatible with working lands.
Lot Dimensional Standards
Dimensional Criteria
Rasing of Livestock or Poultry
(See also § 27-402, which may establish stricter requirements for certain types of uses)
Single-Family Detached Dwelling
Increased Density Development Option
(§ 27-311 shall also apply)
Other Uses as Permitted
Max. Structure Coverage
10%
10%
15%
10%
Max. Impervious Coverage
20%
20%
20%
20%
Minimum Lot Area
5 acres
5 acres
1 acre
5 acres
Min. Lot Width at Min. Structure Setback Line (feet)
300
200
135
200
Max. Structure Height* (feet)
35
35
35
35
Min. Yards Front/Side/Rear (feet)
150/100/150
50/20/60
40/15/45
100/50/100
* Or three stories, whichever is more restrictive. See exceptions for agricultural buildings in Part 8.
Permitted Uses
Principal Uses
Residential
Dwelling, Single-Family Detached
P
Group Home
C
Nonresidential
Agriculture Operation
P
Animal Feed Mill
P
Campground
P
Commercial Communications Tower
C
Commercial Crop Storage
P
Commercial Outdoor Recreation
C
Commercial Stable
P
Concentrated Animal Feeding Operation (CAFO)
SE
Concentrated Animal Operation (CAFO)
SE
Essential Services
P
Forestry
P
Kennel
P
Mineral Extraction
C
Municipal Use, Non-Utility
P
Public Recreation
P
School, Primary and Secondary
C
Wildlife Sanctuary
P
Accessory Uses
Accessory Use Customarily Incidental to a Principal Use
A
Agriculture Supportive Industry/Service
A
Child Day Care
A
Home Occupation
A
Home-Based Business, Low Impact
A
Home-Based Business, No Impact
A
Keeping of Bees
A
Outdoor Storage, Domestic
A
Outdoor Storage, Vehicular
A
Solar Photovoltaic (PV) System
A
Swimming Pool, Accessory
A
Unit of Care
SE
Urban Agriculture
A
P = Use By Right
C = Conditional Use
SE = Use by Special Exception
A = Accessory Use
TD-2 ESTATE RESIDENTIAL
Purpose Statement:
To accommodate low-density single-family detached dwellings on larger lots which may not be serviced by public sewer and water, and in conjunction with rural agriculture activities.
Lot Dimensions Standards
Dimensional Criteria
Permitted Uses
Increased Density Development Option (§ 27-311 shall also apply)
Max. Structure Coverage
10%
30%
Max. Impervious Coverage
20%
40%
Minimum Lot Area
1 acre
15,000 SF
Min. Lot Width at Min. Structure Setback Line (feet)
135
75
Max. Principal Structure Height* (feet)
35
35
Max. Accessory Structure Height (feet)
20
20
Min. Yards Front/Side/Rear (feet)
50/20/50
20/15/30
* Or three stories, whichever is more restrictive. See exceptions for agricultural buildings in Part 8.
Permitted Uses
Principal Uses
Residential
Dwelling, Single-Family Detached
P
Group Home
C
Nonresidential
Commercial Communications Tower
C
Essential Services
P
Forestry
P
Municipal Use, Non-Utility
P
Place of Worship
P
Public Recreation
P
School, Primary and Secondary
P
Accessory Uses
Accessory Use Customarily Incidental to a Principal Use
A
Child Care Center (in a Place of Worship)
A
Child Day Care
A
Home Occupation
A
Home-Based Business, Low-Impact
A
Home-Based Business, No-Impact
A
Keeping of Bees
A
Outdoor Storage, Domestic
A
Outdoor Storage, Vehicular
A
Solar Photovoltaic (PV) System
A
Swimming Pool, Accessory
A
Unit of Care
SE
P = Use By Right
C = Conditional Use
SE = Use by Special Exception
A = Accessory Use
TD-4 VILLAGE RESIDENTIAL
Purpose Statement:
To accommodate medium-density neighborhoods of single-family attached and detached dwellings typically along local streets with a more, walkable grid-like pattern.
Lot Dimensions Standards
Dimensional Criteria
Permitted Uses
Increased Density Development Option (§ 27-311 shall also apply)
Max. Structure Coverage
20%
40%
Max. Impervious Coverage
40%
50%
Minimum Lot Area
12,000 SF
9,000 SF
Min. Lot Width at Min. Structure Setback Line (feet)
90
70
Max. Principal Structure Height* (feet)
35
35
Max. Accessory Structure Height (feet)
20
20
Min. Yards Front/Side/Rear (feet)
25/15/40
15/10/25
* Or three stories, whichever is more restrictive. See exceptions for agricultural buildings in Part 8.
Permitted Uses
Principal Uses
Residential
Age-Restricted Residential Development
SE
Any Residential Land Use Not Assigned Otherwise
SE
Apartment, Conversion
C
Bed and Breakfast
SE
Dwelling, Single-Family Attached
P
Dwelling, Single-Family Detached
P
Group Home
P
Mobilehome Park
C
Nonresidential
Child Care Center
C
Essential Services
P
Forestry
P
Membership Club
C
Municipal Use, Non-Utility
P
Nursing Home
SE
Place of Assembly
C
Place of Worship
P
Public Recreation
P
School, Primary and Secondary
P
Accessory Uses
Accessory Use Customarily Incidental to a Principal Use
A
Child Care Center (in a Place of Worship)
A
Child Day Care
A
Home Occupation
A
Home-Based Business, Low Impact
A
Home-Based Business, No Impact
A
Outdoor Storage, Domestic
A
Solar Photovoltaic (PV) System
A
Swimming Pool, Accessory
A
Unit of Care
SE
Urban Agriculture
A
P = Use By Right
C = Conditional Use
SE = Use by Special Exception
A = Accessory Use
TD-5 TOWN RESIDENTIAL
Purpose Statement:
To provide for neighborhoods that are medium to high density and accommodate a mix of single and multifamily dwellings, typically along local streets with a more walkable grid-like pattern.
Lot Dimensions Standards
Dimensional Criteria
Detached
Attached
Increased Density Development Option (§ 27-311 shall also apply)
Max. Structure Coverage
25%
40%
40%
Max. Impervious Coverage
40%
50%
50%
Minimum Lot Area
7,200 SF
2,600 SF
6,000 SF
Min. Lot Width at Min. Structure Setback Line (feet)
80
20
70
Max. Principal Structure Height* (feet)
35
35
35
Max. Accessory Structure Height (feet)
20
20
20
Min. Yards Front/Side/Rear (feet)
25/10/30
25/10 end units/30
15/10/25
* Or three stories, whichever is more restrictive. See exceptions for agricultural buildings in Part 8.
Permitted Uses
Principal Uses
Residential
Dwelling, Single-Family Attached
P
Dwelling, Single-Family Detached
P
Dwelling, Townhouse
P
Personal Care Boarding Home
C
Nonresidential
Animal Hospital, Large
SE
Animal Hospital, Small
SE
Auto Service/Repair Station
C
Auto/Truck/Body Collision Center
C
Child Care Center
C
Dormitory
SE
Essential Services
P
Forestry
P
Municipal Use, Non-Utility
P
Nursing Home
SE
Office, Medical or Dental
P
Office, Professional
P
Personal Services
P
Place of Assembly
C
Place of Worship
P
Public Recreation
P
School, Primary and Secondary
P
Accessory Uses
Accessory Use Customarily Incidental to a Principal Use
A
Child Care Center (in a Place of Worship)
A
Child Day Care
A
Home-Based Business, Low Impact
A
Home-Based Business, No Impact
A
Outdoor Storage, Domestic
A
Solar Photovoltaic (PV) System
A
Unit of Care
SE
Urban Agriculture
A
P = Use By Right
C = Conditional Use
SE = Use by Special Exception
A = Accessory Use
TD-6 VILLAGE MIXED USE
Purpose Statement:
To accommodate medium-density clusters of low-impact, neighborhood-oriented residential and nonresidential land uses in rural communities, ranging from single-family dwellings to professional offices to small institutional buildings.
Lot Dimensions Standards
Dimensional Criteria
All Nonresidential Land Uses*
Residential - Detached
Residential - Attached**
Increased Density Development Option (§ 27-311 shall also apply)**
Max. Structure Coverage
30%
25%
40%
40%
Max. Impervious Coverage
60%
40%
50%
50%
Minimum Lot Area
35,000 SF
7,200 SF
2,600 SF
6,000 SF
Min. Lot Width of Min. Structure Setback Line (feet)
130
80
20
70
Max. Principal Structure Height* (feet)
35
35
35
35
Max. Accessory Structure Height (feet)
20
20
20
20
Min. Yards Front/Side/Rear (feet)
25/20/25
25/10/30
25/10 and units/30
15/10/25
* Or three stories, whichever is more restrictive. See exceptions for agricultural buildings in Part 8.
** Apartments shall be limited to a maximum of four dwelling units per lot and shall be limited to being in the same building as a principal commercial use that is on the street level.
Permitted Uses
Principal Uses
Residential
Age-Restricted Residential Development
SE
Apartment, Conversion
C
Bed and Breakfast
SE
Dwelling, Multifamily (Apartments)**
P
Dwelling, Single-Family Attached
P
Dwelling, Single-Family Detached
P
Dwelling, Townhouse
P
Group Home
P
Personal Care Boarding Home
C
Nonresidential
Adult Day Care
SE
Auto Service/Repair Station
C
Auto/Truck/Body Collision Center
C
Bakery
P
Betting Use
C
Beverage Distribution
SE
Car Wash
SE
Child Care Center
SE
Commercial Communications Tower
C
Commercial Indoor Recreation
P
Commercial Outdoor Recreation
C
Convenience Store
P
Convenience Store with Fuel/Energy Recharge
P
Craftsmen/Artisan Studio
P
Cultural/Community Center
C
Dormitory
SE
Essential Services
P
Financial Institution
P
Forestry
P
Grocery Store
P
Home Improvement/Building Supply, Small Scale
P
Membership Club
P
Municipal Use, Non-Utility
P
Nursing Home
C
Office, Medical or Dental
P
Office, Professional
P
Personal Services
P
Pharmacy
P
Place of Assembly
C
Place of Worship
P
Public Recreation
P
Restaurant, Cafe
P
Restaurant, Quick Serve
P
Restaurant, Sit-down
P
Retail, Small-Scale
P
School, Primary and Secondary
P
Accessory Uses
Accessory Use Customarily Incidental to a Principal Use
A
Child Care Center (in a Place of Worship)
A
Child Day Care
A
Electric Vehicle Charging Station
A
Home Occupation
A
Home-Based Business, Low Impact
A
Home-Based Business, No Impact
A
Outdoor Display of Merchandise
A
Outdoor Storage, Domestic
A
Solar Photovoltaic (PV) System
A
Unit of Care
SE
Urban Agriculture
A
P = Use By Right
C = Conditional Use
SE = Use by Special Exception
A = Accessory Use
TD-9 CONTRACTING, CRAFTSMAN AND ARTISAN
Purpose Statement:
To accommodate low-intensity uses that involve producing, repairing and/or selling products involving primarily handmade workmanship, which may be conducted on the premises or within a residential dwelling and which does not detrimentally impact the residential character of surrounding properties.
Lot Dimensions Standards
Dimensional Criteria
All Nonresidential Land Uses*
Residential - Detached
Max. Structure Coverage
40%
25%
Max. Impervious Coverage
70%
40%
Minimum Lot Area
1 Acre
7,200 SF
Min. Lot Width at Min. Structure Setback Line (feet)
250
80
Max. Principal Structure Height* (feet)
50
35
Max. Accessory Structure Height* (feet)
50
20
Min. Yards Front/Side/Rear (feet)
50/25/25
25/10/30
*Or three stories, whichever is more restrictive. See exceptions for agricultural buildings in Part 8.
** All dimensional criteria for residential uses within the TD-9 Contracting, Craftsman and Artisan district shall be equivalent to the general dimensional criteria listed for the TD5 Town Residential district, unless otherwise specified as a specific land use criteria in Part 4 Additional Requirements for Specific Uses.
Permitted Uses
Principal Uses
Residential
Apartment, Conversion
C
Dwelling, Multifamily (Apartments)
C
Personal Care Boarding Home
C
Nonresidential
Adult Day Care
C
Animal Feed Mill
P
Animal Hospital, large
P
Animal Hospital, small
P
Auto, Boat, or Mobilehome Sales
P
Auto Service/Repair Station
P
Auto/Truck/Body Collision Center
P
Bakery
P
Beverage Distribution
SE
Car Wash
SE
Child Care Center
P
Commercial Communications Tower
C
Commercial Indoor Recreation
P
Contractor Office/Yard
P
Convenience Store
P
Convenience Store with Fuel/Energy Recharge
P
Craftsman/Artisan Studio
P
Cultural/Community Center
C
Dormitory
SE
Engineering/Testing Facility or Laboratory
C
Essential Services
P
Forestry
P
Grocery Store
P
Home Improvement/Building Supply, Small Scale
P
Kennel
P
Manufacturing, Light
P
Membership Club
P
Municipal Use, Non-Utility
P
Nursing Home
C
Office, Medical or Dental
P
Office, Professional
P
Personal Services
P
Place of Assembly
C
Place of Worship
P
Public Recreation
P
School, Primary and Secondary
P
School, Post-Secondary
P
Wholesale Sales
P
Accessory Uses
Accessory Use Customarily Incidental to a Principal Use
A
Child Care Center (in a Place of Worship)
A
Outdoor Display of Merchandise
A
Solar Photovoltaic (PV) System
A
P = Use By Right
C = Conditional Use
SE = Use by Special Exception
A = Accessory Use
TD-10 ASSEMBLY AND DISTRIBUTION
Purpose Statement:
To provide for locations accommodating less intense industrial land uses such as light manufacturing, warehousing and distribution, research/testing facilities, and supporting offices.
Lot Dimensions Standards
Dimensional Criteria
All Nonresidential Land Uses*
Residential - Detached
Max. Structure Coverage
40%
25%
Max. Impervious Coverage
70%
40%
Minimum Lot Area
1 Acre
7,200 SF
Min. Lot Width of Min. Structure Setback Line (feet)
250
80
Max. Principal Structure Height* (feet)
50
35
Max. Accessory Structure Height* (feet)
50
20
Min. Yards Front/Side/Rear (feet)
50/25/25
25/10/30
* Or three stories, whichever is more restrictive. See exceptions for agricultural buildings in Part 8.
** All dimensional criteria for residential uses within the TD-10 Assembly and Distribution district shall be equivalent to the general dimensional criteria listed for the TD5 Town Residential district, unless otherwise specified as a specific land use criteria in Part 4 Additional Requirements for Specific Uses.
Permitted Uses
Principal Uses
Residential
Personal Care Boarding Home
C
Nonresidential
Animal Feed Mill
P
Animal Hospital, large
P
Animal Hospital, small
P
Bakery
P
Beverage Distribution
P
Bus Station or Taxi Terminal
C
Commercial Communications Tower
C
Commercial Indoor Recreation
P
Commercial Outdoor Recreation
C
Commercial Stable
P
Contractor Office/Yard
P
Convenience Store
P
Convenience Store with Fuel/Energy Recharge
P
Drive-in Theater
C
Engineering/Testing Facility or Laboratory
P
Essential Services
P
Forestry
P
Grocery Store
P
Home Improvement/Building Supply, Small Scale
P
Kennel
P
Manufacturing, Heavy
C
Manufacturing, Light
P
Medical Marijuana Grower or Processor Facility
SE
Municipal Use, Non-Utility
P
Nursing Home
P
Office, Professional
P
Personal Services
P
Place of Worship
P
Prison or similar correctional institution
C
Public Recreation
P
Sales and Rental of Industrial Equipment
P
School, Primary and Secondary
P
School, Post-Secondary
P
Solar, Utility-Scale
P
Warehouse
C
Wholesale Sales
P
Wind Energy System
P
Accessory Uses
Accessory Use Customarily Incidental to a Principal Use
A
Child Care Center (in a Place of Worship)
A
Outdoor Display of Merchandise
A
Package Delivery Services
A
Solar Photovoltaic (PV) System
A
Wind Energy System, Small
A
P = Use By Right
C = Conditional Use
SE = Use by Special Exception
A = Accessory Use
TD-11 MANUFACTURING, EXTRACTION AND PROCESSING
Purpose Statement:
To provide locations for high-intensity production, fabrication, and similar industrial uses and activities and to make appropriate provisions for the extraction and processing of mineral deposits from the earth that support the protection of health, safety, and welfare for the region's citizens.
Lot Dimensions Standards
Dimensional Criteria
All Nonresidential Land Uses
Max. Structure Coverage
40%
Max. Impervious Coverage
70%
Minimum Lot Area
1 Acre
Min. Lot Width at Min. Structure Setback Line (feet)
250
Max. Structure Height* (feet)
50
Min. Yards Front/Side/Rear (feet)
50/25/25
Permitted Uses
Principal Uses
Nonresidential
Animal Feed Mill
P
Auto, Boat, or Mobilehome Sales
P
Auto Service/Repair Station
P
Auto/Truck/Body Collision Center
P
Beverage Distribution
P
Bus Station or Taxi Terminal
P
Car Wash
P
Cement Plant
P
Commercial Communications Tower
C
Commercial Crop Storage
P
Contractor Office/Yard
P
Convenience Store
P
Convenience Store with Fuel/Energy Recharge
P
Emergency Services
P
Engineering/Testing Facility or Laboratory
P
Essential Services
P
Forestry
P
Grocery Store
P
Home Improvement/Building Supply, Small Scale
P
Junkyard
SE
Kennel
P
Manufacturing, Heavy
P
Manufacturing, Light
P
Medical Marijuana Grower or Processor Facility
SE
Mineral Extraction
P
Municipal Use, Non-Utility
P
Prison or similar correctional institution
P
Public Recreation
P
Recycling Collection Center
P
Sales and Rental of Industrial Equipment
P
School, Primary and Secondary
P
Solar, Utility-Scale
P
Solid Waste Disposal Facility
C
Warehouse
C
Wholesale Sales
P
Wind Energy System
P
Accessory Uses
Accessory Use Customarily Incidental to a Principal Use
A
Crematorium
A
Cement Plant
A
Outdoor Display of Merchandise
A
P = Use By Right
C = Conditional Use
SE = Use by Special Exception
A = Accessory Use
[Ord. No. 199, 1/15/2025]
1. 
The requirements within the Zoning Quick Views shall apply for the specified zoning district, unless a more restrictive requirement for a specific use is required by another section of this chapter. All measurements shall be in feet unless otherwise stated.
2. 
Accessory Structures and Uses.
A. 
Accessory structures and uses shall meet the minimum yard setbacks provided for herein, unless otherwise provided for in this chapter, including this subsection.
B. 
The minimum side and rear yard setback for a permitted detached structure that is accessory to a dwelling shall be 10 feet, except in the following cases:
(1) 
The minimum rear setback shall be reduced to three feet for a residential accessory storage shed having a total floor area of less than 150 square feet.
(a) 
A side yard setback is not required for a structure from a lot line along which two dwellings are attached (such as a lot line shared by twin dwellings). However, such structure shall still meet the minimum side yard on a lot line where the dwellings are not attached.
(b) 
If any accessory building or pool is constructed adjacent to a street (such as a rear yard on a lot that is adjacent to a street), then the building or pool shall be separated from such street by a buffer yard required by Part 8.
C. 
No accessory building and no swimming pool shall be allowed in the minimum front yard.
D. 
See also standards for swimming pools and for residential accessory structures.
[Ord. No. 199, 1/15/2025]
1. 
Lot Area. Wetlands (as officially defined under federal and/or state regulations) shall not count towards more than 50% of the required minimum lot area of any lot. The Township may require an applicant to prove that a lot will contain sufficient contiguous buildable land area that is outside of wetlands. The land area within the average water level of a natural lake or pond shall not count towards the required minimum lot area of a lot. This subsection shall only apply to a lot within a subdivision or land development submitted for approval after the adoption of this chapter.
2. 
Wetland Studies. It shall be the responsibility of each applicant to determine whether land areas proposed for alteration meet the federal or state definition of a wetland prior to submittal of development plans to the Township. If the Zoning Officer has reason to believe that wetlands may be present on a site proposed for development or subdivision, the Zoning Officer may require that the applicant provide a wetland delineation study prepared by a qualified professional.
3. 
Wetland Setbacks. A minimum setback of 20 feet shall be required between any new principal building for which a building permit is issued after the effective date of this chapter, as amended, and any "wetland."
[Ord. No. 199, 1/15/2025]
1. 
Central Water Service. If central water service will be provided by a system that is not "public water service," then the applicant shall prove to the satisfaction of the Township that:
A. 
There will be an appropriate system in place to guarantee and properly fund the long-term operation and maintenance of the system by a qualified professional operator.
B. 
Based upon review of the Township Engineer, that the system will include adequate supply, transmission capacity and pressure to serve the development.
2. 
Central Sewage Service. If central sewage service will be provided by a system that is not "public sewage service," then the applicant shall prove to the satisfaction of the Township that:
A. 
There will be an appropriate system in place to guarantee and properly fund the long-term operation and maintenance of the system by a qualified professional operator.
B. 
Based upon review of the Township Engineer that the system will include adequate treatment capacity and conveyance capacity to serve the development.
3. 
Connection to a Larger System. Any nonpublic central water or central sewage system developed after the adoption of this chapter, as amended, shall be engineered and constructed in such a manner as to allow its efficient interconnection in the future into a larger regional system. Such a system shall include appropriate utility easements and/or rights-of-way within property controlled by the developer extending to the borders of the development to allow future interconnections at logical points.
4. 
Expansion of Septic Use. If the Zoning Officer has reason to believe that a proposed increase in the number of dwelling units or expansion or change of a nonresidential use would result in increased flow to a septic system, then the application shall be referred to the Sewage Enforcement Officer. The Sewage Enforcement Officer shall require modification, expansion or replacement of the septic system if necessary to handle the proposed flow.
[Ord. No. 199, 1/15/2025]
1. 
Purpose. The purpose of this Part is to provide for the reasonable use of steep slopes while ensuring development will not induce soil erosion, require excessive grading, increase slope instability, or create sewage disposal problems and shall be in conformance with the following objectives:
A. 
Guard against property damage and personal injury, and minimize the potential for erosion, slope failure, stream siltation, increased runoff, flooding and contamination of surface waters caused by the adverse effects of site preparation and construction on steep slopes.
B. 
Conserve existing woodlands for air and water quality benefits.
C. 
Permit land uses by right that are compatible with protection of steep slope areas and encourage the use of steep slope areas for open space and conservation uses.
D. 
Require development to avoid steep slope areas wherever possible, and require all land use, clearing, grading, and construction to satisfy development standards.
E. 
Regulate expansion of land use or development that existed on steep slope areas prior to enactment of these requirements.
F. 
Protect adjoining properties from harmful consequences of development permitted under these requirements.
2. 
Identification and Establishment of Steep Slope Areas.
A. 
Naturally occurring steep slopes are defined as areas having naturally occurring slopes of 15% or greater as delineated on the Natural Features Map of Upper Nazareth Township. Man-made steep slopes shall be those graded to a slope of 15% or greater following the adoption date of this chapter.
B. 
The boundaries shown on the Map may be supplemented or modified by examination of one or more of the following sources by the Township whenever a subdivision or land development plan is submitted for review:
(1) 
Soil Survey of Lehigh/Northampton Counties, Pennsylvania, USDA Natural Resources Conservation Service.
(2) 
Contour maps prepared from aerial photography.
(3) 
On-site survey prepared by a registered professional engineer or surveyor.
C. 
Steep slopes shall be further divided into the following two categories:
(1) 
Slopes of 15% but Less Than 20%. Slopes of 15% or greater slope (e.g., sloping 15 feet or more vertical per 100 feet horizontal) when there are five adjacent contour intervals of two feet each such that, in aggregate, they delineate a slope of at least 15%.
(2) 
Slopes of 20% or More. Slopes of 20% or greater slope (e.g., sloping 20 feet or more vertical per 100 feet horizontal) when there are five adjacent contour intervals of two feet each such that, in aggregate, they delineate a slope of at least 20%.
D. 
The Township Engineer shall decide whether or not the steep slope areas have been shown with sufficient accuracy on the applicant's plans. Based on the Township Engineer's advice, the Township may require applicants to revise the boundaries shown on the plans.
E. 
The burden of proving the correct boundary shall be on the applicant, supported by engineering and/or surveying data or mapping, testimony of a soil scientist, or other acceptable evidence.
3. 
General Provisions.
A. 
For any lot or portion thereof lying within a steep slope area, the regulations of this section shall take precedence over the regulations of the underlying district.
B. 
These regulations apply to all lots where the proposed earth disturbing activity within steep slope areas is greater than 1,000 square feet.
C. 
All uses, activities and development occurring within any steep slope area shall be undertaken only in strict compliance with the provisions of this Part, with all federal and state laws, and with all other applicable Township codes and ordinances.
D. 
No building lot shall be created unless it contains at least one acre of area with slopes less than 25%. If it is infeasible to provide this area in accordance with the setbacks required by the underlying district, the lot area shall be increased as necessary to provide a minimum area equal to one acre of area with slopes less than 25%.
E. 
Finished slopes of all cuts and fills shall not exceed 33%, unless stabilized by retaining walls or cribbing.
F. 
The maximum height of a retaining wall shall be in accordance with current Building Code standards. All retaining walls require a certification by a professional engineer that the wall was constructed in accordance with approved plans and applicable building codes.
G. 
Any disturbance of steep slopes shall be completed within one construction season, and disturbed areas shall not be left bare and exposed during the winter and spring thaw periods. Permanent vegetative cover shall be planted within three days after completion of grading.
H. 
No trees with a diameter at breast height (DBH) of six inches or more shall be removed from steep slope areas unless in accordance with the Township Subdivision and Land Development Ordinance.
I. 
The alignment of roads and driveways shall follow the natural topography and comply with design standards set forth in the Township Subdivision and Land Development Ordinance.
J. 
The degree of steep slope protection sought by the provisions of this Part is considered reasonable for regulatory purposes. This Part does not imply that lands outside the steep slope areas or permitted uses within the zoning district will be free from erosion or slope instability. This Part shall not create liability on the part of the Township or any officer or employee thereof for any damages that result from reliance on this Part or any administrative decision lawfully made hereunder.
4. 
Permitted Uses and Development on Slopes of 15% but Less Than 20%.
A. 
Open space and conservation uses are permitted by right on steep slopes, provided that they shall not include any structures, roads, driveways, parking areas, construction, or other development, or grading, or clearing of vegetation.
(1) 
Wildlife sanctuary, woodland preserve, arboretum, and passive park and recreation areas.
(2) 
Pasture and grazing land in accordance with recognized natural resource and soil conservation practices.
(3) 
Outdoor plant nursery or orchard in accordance with recognized natural resource and soil conservation practices.
(4) 
Cultivation and harvesting of crops in accordance with recognized natural resource and soil conservation practices.
(5) 
Front, side, or rear yards, and required lot area for any underlying zoning district, subject to the requirements of Subsection 3, General Provisions, herein, and provided such yards shall not be used for any use prohibited under Subsection 5, herein.
(6) 
Nonstructural accessory uses necessary to the operation and maintenance of the above permitted uses.
5. 
Prohibited Uses and Development on Slopes of 15% but Less Than 20%.
A. 
The following uses are specifically prohibited on slopes of 15% but less than 20%:
(1) 
Removal of topsoil except when related to an approved conditional use.
(2) 
Solid waste disposal, recycling uses, junkyards, or other outdoor storage uses.
6. 
Development of Slopes Less Than 20%.
A. 
The following activities may be permitted by right, with review by the Zoning Officer and Township Engineer, provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance:
(1) 
Structures, roads, driveways, parking areas, construction or other development.
(2) 
Clearing of vegetation or grading, including the addition of fill.
(3) 
Sealed public water supply wells with approval of the Pennsylvania Department of Environmental Protection.
(4) 
Sanitary or storm sewers and stormwater detention basins with the approval of the Township Engineer and the Department of Environmental Protection.
(5) 
On-lot sewage disposal systems, when approved by the Township Sewage Enforcement Officer and/or the Pennsylvania Department of Environmental Protection.
(6) 
Utility transmission lines and above-ground utility line structures unless upon petition of a public utility corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the lines or structures in question is reasonably necessary for the convenience or welfare of the public.
B. 
The following uses may be permitted by right, with review by the Zoning Officer and Township Engineer, provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance:
(1) 
Extractive uses in accordance with recognized conservation practices and regulations of the State Department of Environmental Protection.
(2) 
Forestry and reforestation in accordance with recognized natural resource and soil conservation practices, and as permitted by municipal and state regulations.
7. 
Conditional Use and Development of Slopes of 20% and Greater.
A. 
The following uses and activities may be permitted by conditional use provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance:
(1) 
Structures, roads, driveways, parking areas, construction or other development.
(2) 
Clearing of vegetation or grading, including the addition of fill.
(3) 
Sealed public water supply wells with approval of the Pennsylvania Department of Environmental Protection.
(4) 
Sanitary or storm sewers and stormwater detention basins with the approval of the Township Engineer and the Department of Environmental Protection.
(5) 
On-lot sewage disposal systems, when approved by the Township Sewage Enforcement Officer and/or the Pennsylvania Department of Environmental Protection.
(6) 
Utility transmission lines and above-ground utility line structures unless upon petition of a public utility corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the lines or structures in question is reasonably necessary for the convenience or welfare of the public.
(7) 
Extractive uses in accordance with recognized conservation practices and regulations of the State Department of Environmental Protection.
(8) 
Forestry and reforestation in accordance with recognized natural resource and soil conservation practices, and as permitted by municipal and state regulations.
8. 
Applications for conditional uses shall provide the following information and documentation:
A. 
A plan by a registered professional engineer or surveyor which accurately locates the proposed use with respect to the Steep Slope Overlay District boundaries, with all pertinent information describing the proposal, and a topographical survey with contour elevations at no greater than two-foot intervals, based on USGS established benchmark datum.
B. 
A plan or proposed development or use of the site, confirming to the preliminary plan requirements of the Subdivision and Land Development Ordinance, with contours shown on two-foot intervals throughout, the steep slope areas proposed for development or use. Contours shall be accurately drawn from on-site survey or aerial photographic sources.
C. 
Proposed modifications to the existing topography and vegetative cover, as well as the means of accommodating stormwater runoff.
D. 
Detailed design for all proposed site improvements including streets, driveways, structures and stormwater management facilities.
E. 
Specifications for building construction and materials, including filling, grading, storage of materials, and water supply and sewerage facilities.
F. 
Documentation of any additional engineering and/or conservation techniques designed to alleviate environmental problems that may be created by the proposed activities, in compliance with Township sedimentation and erosion control regulations.
G. 
Written confirmation from (specific name of local fire department) that emergency access is satisfactory to provide adequate fire protection.
9. 
Permitted Uses and Development on Slopes of 20% or Greater.
A. 
Open space and conservation uses are permitted by right on slopes of 20% or more, provided that they shall not include any structures, roads, driveways, parking areas, construction, or other development, or grading, or clearing of vegetation.
(1) 
Wildlife sanctuary, woodland preserve, arboretum, and passive park and recreation areas.
(2) 
Pasture and grazing land in accordance with recognized natural resource and soil conservation practices, and as permitted by Township and state regulations.
(3) 
Outdoor plant nursery or orchard in accordance with recognized natural resource and soil conservation practices.
(4) 
Cultivation and harvesting of crops in accordance with recognized natural resource and soil conservation practices.
(5) 
Front, side, or rear yards, and required lot area for any underlying zoning district, subject to the requirements of Subsection 3, "General Provisions," herein, and provided such yards shall not be used for any use prohibited under Subsection 5, herein.
10. 
Prohibited Uses on Slopes of 20% or Greater.
A. 
The following uses are specifically prohibited on slopes of 20% or more:
(1) 
Removal of topsoil.
(2) 
Solid waste disposal, recycling uses, junkyards, or other outdoor storage uses.
(3) 
Structures, roads, driveways, parking areas, construction or other development.
(4) 
Clearing of vegetation or grading, including the addition of fill.
(5) 
Sealed public water supply wells.
(6) 
Sanitary or storm sewers and stormwater detention basins.
(7) 
On-lot sewage disposal systems.
(8) 
Utility transmission lines and above-ground utility line structures.
11. 
Conditional Use Standards and Criteria.
A. 
In considering a conditional use application, the Board of Supervisors shall consider the following:
(1) 
Relationship of the proposed use to the objectives set forth in this section.
(2) 
Adverse effects on abutting properties.
(3) 
The need for a woodland management plan on wooded steep slope areas.
(4) 
Proposed roads, driveways and parking areas are designed so that land clearing and/or grading will not cause accelerated erosion. Both vertical and horizontal alignment for such facilities shall be so designed that hazardous conditions are not created.
(5) 
Alternative placements on non-steep slope areas were carefully evaluated for structures, including buildings, retaining walls, swimming pools, roads, access driveways, parking facilities and other development, and can be shown to be inappropriate or infeasible to the satisfaction of the Township.
(6) 
Proposed on-lot sewage disposal facilities are properly designed and constructed in conformity with applicable regulations.
(7) 
Proposed nonagricultural displacement of soil is for purposes consistent with the intent of this Part and will be executed in a manner that will not cause erosion or other unstable conditions. The applicant shall provide an erosion and sediment control plan and supporting evidence.
(8) 
Surface runoff of water will not create unstable conditions, including erosion, and appropriate stormwater management facilities will be constructed as necessary.
[Ord. No. 199, 1/15/2025]
1. 
Purposes. To allow reasonable amounts of flexibility in site planning of residential development to:
A. 
Protect environmentally sensitive areas and avoid severe soil erosion and sedimentation.
B. 
Avoid severely increased stormwater flows and speeds.
C. 
Preserve areas of prime farmland.
D. 
Provide additional recreation land.
E. 
Direct development to those areas that are more physically suited for it.
F. 
Conserve forested areas that are an important part of the ecological cycle, providing for groundwater recharge, air pollution reduction and wildlife habitats.
G. 
Reduce municipal maintenance costs.
H. 
Provide for transitional forms of development between residential and agricultural or industrial areas or highways, with increased density serving as a buffer.
I. 
Allow each property owner a reasonable use of their land, related directly to the features and location and accessibility of the land. This option will encourage the establishment of significant areas of preserved open area.
2. 
Applicability. This section allows an applicant the option to reduce the minimum lot areas on tracts of land if the applicant proves compliance with all of the requirements of this section to the satisfaction of the Township.
A. 
An "increased density development" is a residential development that meets the requirements of this section and is granted approval by the Township as an increased density development. An increased density development shall only be allowed in zoning districts where the use is listed as allowed in Part 3.
B. 
Uses. An increased density development shall only include the following uses: dwelling types listed as allowed in that district by this subsection, nature preserves, Township-owned recreation, recreation uses that the Township approves to be within the common open area, crop farming, raising and keeping of horses, golf courses, customary keeping of livestock as accessory to crop farming, utilities necessary to serve the development, and customary permitted accessory uses. No accessory dwelling units shall be permitted or calculated as part of the increased density development. A mobile-home park shall not qualify as an increased density development. The Township may also approve other types of livestock and poultry operations on a principal agricultural lot.
C. 
A tract shall be eligible for approval for an increased density development if it includes a minimum of four acres of lot area in common ownership. Such land area shall be contiguous, except that portions of the tract may be separated only by existing or proposed streets or waterbodies.
(1) 
The amount of common open area shall be based upon the total lot area of all lots within the development, prior to subdivision, and prior to deletion of rights-of-way of future streets and before deleting the area of any environmental features. Land area of future/ultimate rights-of-way along existing streets may be deleted from the total lot area before calculating the required amount of common open area.
(a) 
Areas that were preserved by a conservation or agricultural preservation easement or deed restriction prior to the submittal of the subdivision plan shall not be counted towards the area of the tract in calculating common open area or allowed density.
(b) 
See the definition of "open space, common" in § 27-202.
(2) 
Areas used for a principal nonresidential use (other than uses approved by the Township to be part of the common open area, such as a golf course or an agricultural use) shall not be included within the land area used to calculate residential density.
(3) 
Conservation easements or deed restrictions shall be established on lots as necessary to ensure that the maximum density requirement is held over time. Such conservation easements shall prevent the re-subdivision of lots in a manner that would violate this section.
D. 
An increased density development shall be designed as a unified, coordinated residential development, and shall be approved with a single development plan proposed by a single development entity. After final subdivision approval and within an approved development agreement(s) and phasing plan, portions of the development may be transferred to different entities, if there is compliance with the approved development plan and this section.
3. 
Procedures.
A. 
Applicants are strongly encouraged to first submit a layout plan for review by the Township for zoning compliance, before completing detailed fully engineered preliminary subdivision plans. This two-step process will allow the Township and the applicant to mutually agree upon the increased density and development layout before large sums of money are spent by the applicant on detailed engineering.
B. 
Detailed grading, utility, profile and erosion control plans shall not be required at the zoning compliance review stage if such matters are submitted as part of the subdivision or land development approval process.
4. 
Lot Dimensional Standards. Subdivided lots as part of an increased density development option shall comply with the requirements contained within the ordinance Quick Views.
5. 
Additional Dimensional Requirements. In addition to Subsection 4, the following dimensional requirements shall apply, provided that the total maximum density for the tract is not exceeded:
A. 
TD1.
(1) 
To minimize land disturbance, if the development tract prior to subdivision includes more than 10 acres, then a minimum lot area of two acres shall apply. This maximum lot area within such a development tract shall not apply in any of the following situations:
(a) 
For a subdivided lot within the development tract that includes an easement or other dedication of increased density dedication that permanently prevents the subdivided lot's use for a dwelling.
(b) 
For a new lot that includes more than 10 acres of lot area.
(c) 
For a development tract if the applicant can demonstrate by credible evidence that the area proposed for the subdividing of lots does not include more than two acres of Class I, II and/or III soils, as identified in official federal soils mapping or a more accurate professional study.
(d) 
For a subdivided lot where additional lot area is needed to improve septic or water supply facilities for the subdivided lot, in the determination of the Sewage Enforcement Officer.
(e) 
For a development tract if designated as an agricultural subdivided lot. The largest amount of Class I, II and III agricultural soils that is feasible shall be included on one lot.
(2) 
A minimum of 40% of the total area of the development tract prior to subdivision shall be preserved as common open area.
B. 
TD2 and TD4.
(1) 
A minimum of 30% of the total area of the development tract (prior to subdivision) shall be preserved as common open area.
C. 
TD5 and TD6.
(1) 
A minimum of 25% of the total lot area of the tract (prior to subdivision) shall be preserved as common open area.
D. 
See definitions of the areas that may count towards "open space, common" in § 27-202.
6. 
Utilities. Any lot with an area of less than one acre per dwelling unit shall be served by Township-approved centralized sewer service and a Township-approved centralized water system. If the water or sewage systems are not publicly owned, the applicant shall provide evidence that there will be adequate safeguards to ensure proper long-term operation, maintenance and financing.
7. 
Subdivision of Part of a Tract. This subsection addresses a situation in which only part of a lot is proposed to be subdivided, and the applicant at the present time does not intend to subdivide for the maximum number of dwellings allowed by this section. In such case, the applicant shall establish a permanent conservation easement covering common open area to comply with this section. Because only part of the tract is being subdivided, it may not be necessary to meet the common open area requirement based upon the area of the entire tract.
A. 
The land under the conservation easement shall be a logical shape that is subject to approval by the Township and shall be located where it could adjoin land that would be added as common open area in the future if the total allowed number of dwellings would be developed.
B. 
A minimum of 50% of the required common open area shall be in one contiguous lot, except that the common open area may be separated by streams, creeks, water bodies, and a maximum of one street.
(1) 
As part of an optional conditional use approval, the Board of Supervisors may approve the following, if the applicant proves to the satisfaction of the Board of Supervisors that such configuration would serve the purposes of this section and be in the best interests of the Township, considering the unique circumstances of the tract:
(a) 
A reduction of the percentage of the common open area that is in one lot.
(b) 
The crossing of the common open area by two or more streets.
(2) 
An accessway limited to emergency vehicles may also cross the common open area.
8. 
The Board of Supervisors may require that most of the required common open area be placed:
A. 
Adjacent to an existing or planned public or homeowner association- owned recreation area.
B. 
On a lot that can be efficiently farmed.
C. 
Adjacent to existing farmland.
D. 
At the edge of a neighboring undeveloped lot, where the common open area could be connected in the future to increased density on that neighboring lot.
E. 
Adjacent to an arterial street or expressway where the increased density open area will serve to buffer homes from the traffic.
9. 
Conditional Use. An application for an increased density development shall be a conditional use. The following conditions shall apply:
A. 
The increased density development would clearly serve a valid public purpose that would result in a development that would be superior to what would result if the land were developed as a conventional development. Such valid public purposes include, but are not limited to, the following:
(1) 
The permanent preservation of dense forests, steep slopes, wetlands, stream valleys, important wildlife corridors/habitats, highly scenic areas or other sensitive natural features.
(2) 
The permanent preservation of a substantial area of land in agricultural use, in a tract of proper size and configuration that allows for efficient agricultural use and that properly considers the issue of compatibility between the agricultural use and homes. In such a case, new dwellings shall be concentrated adjacent to existing dwellings and residential zoning districts.
(3) 
The dedication of recreation land at a site deemed appropriate by the Board of Supervisors and that involves land that is clearly suitable for active and/or passive recreation.
(4) 
The provision of common increased density in a location that will allow homes to be buffered from highly noxious, nuisance-generating uses, such as a heavily traveled street or industrial uses. In such a case, intensive landscaping and/or planting for eventual re-forestation shall be provided.
B. 
The applicant shall prove that the proposed increased density development has been designed in full consideration of important natural features, including mature woodlands, stream valleys, steep slopes and wetlands.
(1) 
At a minimum, the applicant shall prove that areas along perennial streams shall be preserved in their natural state, except for landscaping, erosion control improvements, public recreation improvements and needed utility, street and driveway crossings. Low-maintenance landscaping is encouraged along streams and other areas where maintenance would otherwise be difficult.
(2) 
The natural features of the site shall be a major factor in determining the location of dwelling units and streets.
C. 
The Township may require the use of conservation easements within an increased density development to limit the disturbance of natural slopes over 15%, wetlands, mature forests, stream valleys and other important natural features.
10. 
Common Open Area.
A. 
Common Open Area. The minimum amount of "common open area" shall be provided, which shall meet the requirements of this chapter and the definition in § 27-202 of "open space, common."
(1) 
The common open area requirements of this section shall be in addition to the recreation land or fee-in-lieu of land requirements of the Township Subdivision and Land Development Ordinance (SALDO) [Ordinance 174, as amended], unless the applicant proves to the satisfaction of the Board of Supervisors that the proposed common open area would include suitably improved land that will meet the intent of the recreation land requirements of the SALDO Ordinance 174, as amended].
B. 
Open Area Standards. Required common open area shall meet all of the following requirements:
(1) 
Common open area shall be permanently deed-restricted or protected by an appropriate conservation easement to prevent the construction of buildings or the use for any nonagricultural commercial purposes. Logging shall meet Township requirements and removal of healthy mature trees shall be limited to selective cutting following a Township approved forest management plan that follows best management practices. Land approved as required common open area shall only be used for noncommercial active or passive recreation, a noncommercial community center for meetings and recreation, a Christmas tree farm, a nature preserve, a horse farm, a wholesale plant nursery, crop farming and/or another Township approved agricultural use.
(2) 
Improvements to Open Area. Where common open area is proposed to be used for recreation and/or dedicated to the Township, the application shall include a detailed and legally binding (if approved) description of what improvements the applicant will make to any land to make it suitable for its intended purpose.
(a) 
Examples of such improvements include preservation and planting of trees, development of trails, stabilization of stream banks, removal of undesirable vegetation, and grading of land for recreation (such as an informal open play field for youth).
(b) 
Type of Maintenance. The final subdivision plan shall state the intended type of maintenance of the increased density area, such as lawn areas that are regularly mowed, or natural areas for passive recreation that are intended for minimal maintenance.
(3) 
All proposed common open areas shall be cleared of construction debris, materials from illegal dumping and any rocks that were not naturally on the land, unless those rocks are incorporated into landscaping improvements.
(a) 
The applicant shall prove that all required common open area would be suitable for its intended and Township approved purposes. The Township may require the provision of a trail easement and/or the construction of a recreation trail through common open areas. If a developer installs a trail, it shall be completed prior to the final sale of any adjacent residential lots.
(b) 
Lots and common open areas shall be located to promote pedestrian and visual access to common open areas whenever possible.
(c) 
Sufficient access points from each common open area shall be provided to streets for pedestrian access and maintenance access. The Board of Supervisors may require that maintenance and/or pedestrian access points be paved and be up to eight feet in width, meeting Township standards for a bike path. Maintenance access points shall be of a slope that is suitable for access by vehicles and equipment.
C. 
Open Area Ownership. The method(s) to be used to own, preserve and maintain any common open area shall be acceptable to the Township. The Township shall only approve an increased density development if the applicant proves there will be an acceptable method to ensure permanent open area ownership, preservation and maintenance of land that will not be included in individual home lots.
(1) 
The method of ownership and use of any required common open area shall be determined prior to preliminary subdivision or land development approval. The Township should be given the right of first refusal at the time of such review to accept proposed common open area as public area. The Township shall only accept ownership of common open area if the Board of Supervisors has agreed in writing in advance to accept such ownership. If the common area will not be owned by the Township, then the common open area shall be permanently preserved by one or a combination of the following methods that are found to be acceptable to the Board of Supervisors:
(a) 
Dedication to the county as public common open area, if the County Commissioners agree in writing to such dedication.
(b) 
Dedication to the school district if such Board of Education agrees in writing to accept such dedication and to use and maintain the land for school recreation, public recreation, environmental education.
(c) 
Dedication to a homeowners' association as common open area, with the homeowners legally bound to pay fees for the maintenance and other expenses of owning such land, and with such homeowners' association being incorporated with covenants and bylaws providing for the filing of assessments and/or municipal liens for the nonpayment of maintenance costs for common open area that is not publicly owned.
1) 
Such responsibilities shall be specified as part of each deed prior to sale of each lot or dwelling unit. The Township may delay the dedication of maintenance responsibilities by a developer to a homeowners' association until such association is incorporated and able to maintain such land.
(d) 
Dedication of the land to an established nature conservation organization acceptable to the Board of Supervisors for maintenance as a nature preserve or passive recreation area.
(e) 
Dedication of a permanent conservation easement that results in the land being used for a Township-approved agricultural use, such as crop farming, a tree farm, or a horse farm, and which may include one of the allowed dwelling units on the lot.
(f) 
Dedication to the State Game Commission, State Fish and Boat Commission or similar public agency, if such agency agrees in writing in advance to accept the dedication and to maintain the land for public recreation.
(g) 
Preservation of the common open area as part of one privately-owned lot that is restricted against subdivision by a conservation easement, if the applicant proves that none of the other alternatives are feasible. In such case, the common increased density area shall be in addition to the land area that would need to meet the requirements for any dwelling on the lot. The conservation easement shall control alteration of natural features on the lot and shall limit nonresidential use/nonagricultural use of the lot.
(2) 
Legal documents providing for ownership and/or maintenance of the required common increased density area shall be reviewed by the Township Solicitor and be subject to approval by the Board of Supervisors prior to recording of the final plan.
(3) 
A legally binding system shall be established to oversee and maintain land that will not be publicly owned. The applicant shall prove compliance with state law governing homeowner associations. Proper notations shall be required on the recorded plan. For example, if the common increased density area is intended to be owned by a homeowner association as recreation land, a statement should be included that the designated common open area "shall not be further subdivided and shall not be used for the construction of any non-recreation buildings.
D. 
Changes in Increased Density Area Uses. If the required common open area is proposed to be used for purposes that were not authorized in the Township approval, then a revised approval shall be required for the change of use.
11. 
Phasing. The development shall include a phasing system that shall be approved by the Board of Supervisors. Such phases shall ensure that the requirements of this Part will be met after the completion of any one phase, and that the development could properly function without the construction of additional phases.
12. 
Landscaping Plan. An application for an increased density development involving over 10 acres shall include a landscape planting and preservation plan prepared by a registered landscape architect.
A. 
Such a plan shall show the locations, general species and initial sizes of landscaping to be planted within the common open area and throughout the tract.
B. 
Such a plan shall also show that existing substantial healthy trees will be preserved to the maximum extent reasonable. The methods to ensure preservation during construction shall be described.
C. 
Landscaping shall also be used as appropriate to filter views of denser housing from any adjacent housing that is less dense.
[Ord. No. 199, 1/15/2025]
1. 
Setbacks. No new building (except an accessory storage shed with a floor area of 150 square feet or less), new or expanded vehicle parking, or business outdoor storage shall be located 50 feet from top of bank of a perennial stream. A perennial stream shall be defined as a waterway shown as a perennial stream on the U.S. Geological Survey quadrangle maps.
A. 
Standards. To the maximum extent feasible:
(1) 
Any street or driveway crossing of a perennial stream shall be approximately perpendicular to the stream.
(2) 
Existing healthy natural vegetation adjacent to a stream should be preserved.
(3) 
Areas within the setback established by this section shall be preserved in their natural state, except for planting of trees and shrubs, erosion control improvements, public recreation improvements and necessary utility, street and driveway crossings. Low-maintenance landscaping is encouraged along streams and other areas where maintenance would otherwise prove difficult.
2. 
Vegetation. Where the majority of the existing trees and/or shrubs are removed from areas within the setback distance, then new trees and shrubs shall be planted and maintained that will have the same or better impact upon controlling erosion and filtering pollutants from runoff as the trees and/or shrubs that were removed.
A. 
Publications of the Pennsylvania Department of Conservation and Natural Resources (including "Stream ReLeaf") and/or other governmental agencies or established environmental organizations shall be used as standards for the planting of the buffer. These publications include recommended species. If trees and plants do not survive, they shall be replaced within 100 days afterwards by the current owner of the property.
[Ord. No. 199, 1/15/2025]
1. 
This section provides a density bonus for a residential development that is age-restricted in compliance with the federal requirements for "housing for older persons" as specified in the United States Code. (Note: As of 2007, such provisions were in 42 U.S.C.A. § 3607.) This provision shall not change the allowed dwelling types in the district. This option is available as a by right bonus in any zoning district where the proposed dwelling types are allowed.
2. 
In order to be approved by the Township as age-restricted residential development, every dwelling unit (except one dwelling unit for one manager) on a tract of land shall be permanently restricted by deed, by any lease and by notes on the recorded plan to the following occupancy limitations: (A) a minimum of one head of household of each dwelling unit shall be age 55 years or older or who is physically disabled as defined by Social Security disability regulations; and (B) no person under age 18 shall live in the dwelling unit for more than 30 days in any calendar year, unless such person has a disability as defined under federal fair housing regulations. Any violation of such age restrictions shall be a violation of this chapter.
A. 
In addition, in order to be approved as age-restricted development, the applicant shall establish an appropriate legal entity, such as a property-owner association that has the duty, authority and responsibility to enforce such age restrictions over time. If a household met this requirement at the time of initial occupancy, it shall not be required to move in case of death, divorce or separation of a resident of that same household.
3. 
If an entire residential development is approved under this section, then the minimum lot area or the minimum average lot area per dwelling unit, as applicable, shall be reduced by 20%. Alternatively, where density is stated in terms of a maximum number of dwelling units per acre, the maximum density may be increased by 20% under this section. The minimum side yards may also be reduced by 20%. A greater bonus may be provided in the regulations of the applicable zoning district.
A. 
An age-restricted residential development shall meet all other requirements of Township ordinances, including limitations on the housing types allowed in that zoning district.
4. 
This density bonus shall only be approved if the development includes an appropriate system of sidewalks or pathways that is accessible under the Americans With Disabilities Act.
[Ord. No. 199, 1/15/2025]
1. 
Building permit/grading plan construction shall comply with ADA regulations as is required for projects subject to SALDO.
2. 
For construction/grading plan permit projects, these include:
A. 
Requirement to replace existing sidewalk, driveway apron crossings, and curb ramps if noncompliant with current regulations.
B. 
Requirement to install ADA-compliant sidewalk, driveway apron crossings, and curb ramps as part of any building permit for properties that do not have existing sidewalk but adjoin a property that does.