Township of Lower Saucon, PA
Northampton County
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Table of Contents
Table of Contents
This article provides general requirements which apply to all uses in all districts. Their application enhances the quality of the land use and development and mitigates the adverse effects the land use and development may have on the environment and surrounding land uses.
A. 
Every principal building or structure shall be built on a lot abutting a street improved to meet municipality standards or for which such improvements have been insured by the posting of a performance guaranty pursuant to Chapter 145, Subdivision and Land Development. Private improved roads shall satisfy the requirements of this section if they are approved as private roads on a subdivision plan approved by the Township or are paper streets improved as required by Ordinance 91-5[1] or Chapter 145 or amendments thereto.
[1]
Editor’s Note: Ordinance No. 91-5 was repealed 7-15-2009 by Ord. No. 2009-05.
B. 
Unless specifically allowed by other portions of the chapter, all yards shall remain unoccupied and unobstructed by any structure or use, or portion of a structure or use, except for lamp posts, access driveway, mail boxes, sidewalk, utility lines or such incidental items as may be agreed to by the Township Council during a site plan or land development plan review.
C. 
The yard or other open space provided for any building or structure for the purpose of complying with the provisions of this chapter shall not be considered as providing a yard or open space for any other building or structure, except where specifically permitted.
D. 
Regardless of the form of ownership, not more than one building or structure housing a single permitted principal use may be erected on a single lot, except in the case of the following: land developments containing detached buildings for multiple-family dwellings or a church, college, government or governmental authority facility, extended care facility, public utility, commercial communications facility, shopping center, or office or laboratory of industrial facilities. The above exceptions must comply with all other provisions of this chapter. This provision does not allow for any reduction in lot area or any increase in density or impervious surface or building coverage.
[Amended 2-17-2016 by Ord. No. 2016-01; 11-16-2016 by Ord. No. 2016-06]
E. 
Any building, structure, or use built or undertaken by Lower Saucon Township shall be exempt from the requirements of this Chapter 180.
A. 
Where a street or highway has a required right-of-way greater than that existing, the required yard front of a lot shall be measured from the required right-of-way line (see § 180-98F).
B. 
In a residential zoning district where existing lots comprising 75% or more of the frontage on the same side of the street between two intersecting streets are developed with buildings whose front yards are less than that required for the particular zoning district, the average of such front yards shall establish the minimum front yard depth for the remainder of the frontage, except that no building or structure shall be permitted in the road required right-of-way.
C. 
In the case of reversed frontage and/or corner lots, a front yard of the required depth shall be provided on all the streets.
D. 
In the case of corner lots, the applicant shall select one nonroad lot line as a rear lot line and shall establish the rear yard and side yard based on that selection.
E. 
Surface parking areas and/or structures, excluding access driveways, shall be subject to required setbacks of the zone wherein the facility is located.
F. 
No driveway or driveway turnaround shall be located within five feet of a property line except where the driveway crosses the right-of-way to enter a public street, unless one common driveway serves two adjacent lots.
G. 
The width (chord distance) between side lot lines at their foremost points (where they intersect with the street right-of-way line) shall be not less than:
(1) 
Eighty percent of the required lot width; or
(2) 
Seventy percent on street center-line curves of 300 feet to 600 feet radius.
(3) 
Fifty percent on culs-de-sac or courts or street center-line curves of less than 300 feet radius.
H. 
Visibility at intersections. On a corner lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as materially to impede vision between the height of 2 1/2 feet and 10 feet above the center-line grades of the intersecting streets in the area bounded by the triangular area, determined by the intersecting street center lines and a diagonal connecting two points, one at each street center line, each of which points is 75 feet from the intersection of such street center line.
A. 
No building or structure shall exceed the maximum height of buildings specified in the appropriate zoning district, except as allowed in other portions of this chapter.
B. 
Height shall be measured as the vertical distance derived from the average finished grade at the foundation corners of the building or structure to the highest point of the building or structure, excluding a chimney or other similar structure.
C. 
The height restrictions in the lot, yard and building regulations do not apply to spires, cupolas, chimneys, satellite dishes, antennas, water tanks, elevator housing, ventilators, windmills or other structures placed above floor level not intended for human occupancy if the total horizontal area of all these projections for a building or structure does not exceed 25% of the horizontal coverage area of the building or structure.
D. 
No building or structure, or part thereof, or antenna on a building or structure shall exceed the height of 200 feet.
Where possible, adequate public water and sewage shall be extended to service new structures and uses. However, in the areas of Lower Saucon Township where this is not possible, the following regulations shall apply:
A. 
On-lot water and sanitary sewer. This article provides the minimum lot area requirements applicable to all districts if public water and/or public sanitary sewer is not provided. If the provisions of this section conflict with other sections of this chapter or other ordinances of the Township, the most restrictive regulation shall be applicable.
(1) 
Forty thousand square feet minimum. Where sanitary sewer disposal is provided by standard trench, seepage bed and subsurface sand filter on-lot disposal facilities as defined by the Pennsylvania Department of Environmental Protection, the following minimum lot requirements are applicable: area shall be 40,000 square feet per equivalent dwelling unit.
(2) 
Two acres minimum. A two-acre minimum lot size shall be required per dwelling unit or per equivalent dwelling unit where sanitary sewer disposal is provided by on-lot disposal facilities in which one of the following conditions for the primary or alternate area are met:
[Amended 4-6-2005 by Ord. No. 2005-01]
(a) 
The soil profile evaluation determines the presence of a limiting zone ranging in depth from 20 inches to 60 inches.
(b) 
The percolation rates range between three to six minutes per inch or 90 to 180 minutes per inch.
(c) 
The site conditions are such that a standard in-ground septic system may not be designed to meet the requirements of Chapter 73, Sections 73.52 and 73.53, of the Department of Environmental Protection.
(d) 
The site conditions are such that they require on-lot disposal system(s) other than those listed in § 180-94A(1) above.
(3) 
Thirty thousand square feet minimum. Where public sanitary sewer disposal is provided but on-lot water supply is provided, the following lot requirements are applicable: area shall be 30,000 square feet per equivalent dwelling unit.
(4) 
For all proposed uses, conversion of use and expansion of use, the applicant shall provide a sewer permit issued by the Township Sewage Enforcement Officer for the proposed use, conversion or expansion.
(5) 
For all proposed uses, conversion of use and expansion of use, the applicant shall provide a certification from a registered professional engineer experienced in groundwater hydrology that the on-lot well provides an adequate quantity and quality of water in accordance with Department of Environmental Protection standards, except for single-family detached buildings.
B. 
Public water and sanitary sewer.
(1) 
Water and/or sanitary sewer facilities proposed for use by more than one lot shall be offered for dedication to the Township. The Township shall have the final option to accept or reject dedication. If these facilities are not dedicated to the Township, provisions, to the satisfaction of the Township, shall be made for perpetual ownership and maintenance of said facilities.
(2) 
The developer shall provide evidence that adequate capacity of water and sanitary sewage treatment are available and that this sanitary sewage can be treated to acceptable Department of Environmental Protection standards. Said evidence shall take the form of either:
(a) 
A connection permit or letter of service from the appropriate municipal authority or public utility; or
(b) 
The appropriate permits from the Department of Environmental Protection.
[Amended 4-6-2005 by Ord. No. 2005-01]
A. 
General.
(1) 
The purpose of this section is to protect and preserve the environment and character of the Township through the preservation of natural resources, including but not limited to wetlands, floodplains, floodplain soils, woodlands, steep slopes, rock outcrops, lakes, ponds, streams, riparian corridors and areas underlain with carbonate geology.
(2) 
All applicants for any subdivision, land development, site plan and/or building permit shall be required to submit a plan which clearly delineates all natural resources, as defined by this chapter, which exist on the parcel to be developed, subdivided or built upon.
(a) 
For any subdivision or development of a parcel equal to or greater than five acres in area, an aerial photo showing features within 1,000 feet of the parcel shall also be submitted.
(3) 
Natural resource identification and preservation standards.
(a) 
The natural resource restrictions herein shall apply to all uses.
(b) 
It shall be considered a violation of this chapter for woodland removal or earthmoving to be conducted on any site without the receipt of a zoning permit prior to the commencement of these activities. Additionally, it shall be considered a violation of this chapter for an applicant to remove vegetation, regrade, or alter the site in any way in order to circumvent the requirements of this chapter.
(c) 
This chapter shall not prohibit land management practices which are intended to ecologically improve any wetland, woodland, stream, lake or pond, provided that all necessary permits have been obtained from the Pennsylvania Department of Environmental Protection and all other applicable governing bodies.
(4) 
Site plan review, as described in § 180-102 of this chapter, shall be required for all proposed buildings, structures or uses of the property, whether or not such buildings, structures or uses are proposed within areas enumerated below. The site plan required for a single-family detached dwelling and/or associated accessory uses shall be subject to Zoning Officer review and approval but exempt from Planning Commission and Township Council review and approval. Permit applications involving excavations less than or equal to three feet below the ground surface for the purpose of installing fences, sidewalks, driveways, parking lots, decks, patios, aboveground pools, sheds and similar incidental structures shall be exempt from the requirements of the Carbonate Geology Area regulations of this chapter.
B. 
Natural resources and protection rates.
(1) 
The applicant for a subdivision, land development and/or building permit shall be required to identify all natural resources on a lot when submitting an application for a subdivision, land development and/or building permit. This inventory shall include the following resources: floodplains, floodplain soils, wetlands, waters of the United States, waters of the commonwealth, all other perennial and intermittent streams, lakes and ponds, riparian, wetland, lake and pond buffers, steep slopes, rock outcrops, woodlands, environmentally sensitive woodlands, Carbonate Geology Areas and Watershed Protection Areas.
[Amended 12-20-2006 by Ord. No. 2006-10]
(2) 
Maps and accompanying calculations shall be submitted with the site plan required in § 180-95A(4) and shall include the following:
(a) 
All encroachments and disturbances necessary to establish the proposed use on the site.
(b) 
Calculations which indicate the area of the site with natural resources; the area of natural resources that would be disturbed or encroached upon; and the area of the site which must be left undisturbed to protect resources under this section.
(3) 
Floodplains.
(a) 
Floodplains shall be any area meeting one or more of the following criteria:
[1] 
A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation.
[2] 
An area subject to the unusual and rapid accumulation or runoff of surface waters from any source.
[3] 
Floodplains shall include all lands within the one-hundred-year floodplain as defined by the Federal Emergency Management Agency in the most current Flood Insurance Rate Maps.
[4] 
Land identified as floodplain on the Township Zoning Map as the Floodplain District.
(b) 
Floodplains shall have a protection rate of 100%. No structures, filling, piping or regrading shall be permitted within any floodplain, unless noted below.
[1] 
No proposed building, structure or land use shall be permitted in a floodplain unless the project is found by the Township to be in compliance with Chapter 90, Floodplain Management, and amendments thereto, and all applicable county, state and federal regulations.
(c) 
No building intended for human or animal habitation shall be located in such a way that the ground adjacent to the building is less than 1 1/2 feet above the one-hundred-year-flood level of a floodplain.
(d) 
No on-lot sewage system drain field shall be located in or within 50 feet of a floodplain.
(e) 
The site plan shall show the elevation and limits of all identified floodplains with supporting calculation and hydrogeologic studies to indicate how the limits of the floodplain were identified. The site plan shall also show all existing and proposed grades, limits of disturbance and all soil erosion control and stabilization details proposed.
(f) 
The applicant shall direct development away from the floodplain and shall, wherever possible, leave those areas in their natural condition.
(g) 
The site plan and supporting data shall be prepared by an engineer or geologist skilled in the field.
(h) 
Nonassumption of liability.
[1] 
In floodplains, alteration, development or use of land may be hazardous with respect to health, safety and welfare and/or property damage. The public is hereby notified that the Township, Township employees and Township consultants undertake no responsibility for loss of property or life or personal injury due to floods, even if all regulations and ordinances of the Township are followed.
[2] 
It is also noted that local conditions can cause flooding and inundation of land and buildings with stormwater and can cause groundwater and spring-related problems outside of any area designated as a floodplain. The applicant and property owner should always make independent investigations of these matters prior to using his land or constructing any building or structure.
(4) 
Floodplain soils.
(a) 
Floodplain soils shall be one or any combination of soils classified as having major hydric components by the Soil Survey of Northampton County. These shall include, but not be limited to, the following:
Symbol
Soil Name
AnA
Andover gravely loam
AnB
Andover gravely loam
AoB
Andover extremely stony silt loam
BaB
Baile silt loam, neutral variant
BeB
Baile extremely stony silt loam
BtA
Brinkerton silt loam
BtB
Brinkerton silt loam
ChA
Chippewa silt loam
ChB
Chippewa silt loam
CkB
Chippewa extremely stony silt loam
Ha
Halsey silt loam
Ho
Holly silt loam
Mu
Muck
(b) 
Floodplain soils shall have a protection rate of 100%. No structures, filling, piping or regrading shall be permitted within any area of floodplain soils.
(5) 
Wetlands, waters of the United States, waters of the commonwealth, perennial and intermittent watercourses.
[Amended 12-20-2006 by Ord. No. 2006-10]
(a) 
Wetlands, waters of the United States, waters of the commonwealth, perennial and intermittent watercourses shall include all areas defined as such by this chapter.
(b) 
Wetlands, waters of the United States, waters of the commonwealth, perennial and intermittent watercourses shall have a protection rate of 100%. No structures, filling, piping or regrading shall be permitted within any of these areas.
(6) 
Wetland buffers.
(a) 
Wetland buffers shall consist of the area within 50 feet from the edge of any wetland. These areas shall be utilized to protect the quality of bodies of water.
[Amended 12-20-2006 by Ord. No. 2006-10]
(b) 
Wetland buffers shall have a protection rate of 85%.
(7) 
Riparian buffers.
(a) 
Riparian buffers shall include all areas located within 100 feet of any waters of the United States, waters of the commonwealth, perennial or intermittent watercourse. These areas shall be utilized to protect the quality of bodies of water.
[Amended 12-20-2006 by Ord. No. 2006-10]
(b) 
Riparian, wetland and shoreline buffers shall have a protection rate of 85%.
(8) 
Lakes and ponds.
(a) 
Lakes and ponds shall include all natural or artificial bodies of water which retain water year round or on a seasonal or intermittent basis. The shorelines of such water bodies shall be measured from the high water level. A body of water which is two or more acres in extent shall be considered a lake, while a body of water which is less than two acres in extent shall be considered a pond.
(b) 
Lakes and ponds shall have a protection rate of 100%. No structures, filling, piping or regrading shall be permitted within any of these areas.
(9) 
Lake and pond buffers.
(a) 
Lake and pond buffers shall consist of the area within 50 feet of the high water level of any lake or pond. These areas shall be utilized to protect the quality of bodies of water by preserving the natural features around them, which are a part of their natural ecosystems.
(b) 
Lake and pond buffers shall have a protection rate of 85%.
(10) 
The following uses are permitted by conditional use within a riparian area or buffer associated with a wetland, waters of the United States, waters of the commonwealth, perennial or intermittent watercourse, lake, or pond.
[Amended 9-15-2010 by Ord. No. 2010-05]
(a) 
New agricultural uses in compliance with methods prescribed by Chapter 102.4(b) of Title 25 of the Pennsylvania Administrative Code.
(b) 
Crossing by farm vehicles and livestock, roads, driveways, railroads, centralized sewer and/or water lines, pedestrian trails, and public utility transmission lines.
(c) 
Centralized sewer and/or water lines and public utility transmission lines running along the riparian area.
(d) 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection B(10)(d), regarding forestry, was repealed 7-17-2019 by Ord. No. 2019-04.
(e) 
Passive use areas such as camps, campgrounds, and picnic areas; active recreation areas such as ballfields, playgrounds, and courts; provided these uses are designed in a manner that will not permit concentrated flow.
(10.1) 
Erosion control, riparian area protection and/or management activities, and forestry operations shall be permitted by right within a riparian area, provided that all necessary permits have been obtained from the Pennsylvania Department of Environmental Protection and all other applicable governing bodies.
[Added 9-15-2010 by Ord. No. 2010-05; amended 7-17-2019 by Ord. No. 2019-04]
(11) 
The following uses are specifically prohibited within a riparian area or buffer associated with a wetland, waters of the United States, waters of the commonwealth, perennial or intermittent watercourse, lake, or pond.
[Amended 9-15-2010 by Ord. No. 2010-05]
(a) 
Removal or disturbance of vegetation in a manner that is inconsistent with erosion control and riparian area protection and/or management activities, unless associated with the following:
[1] 
Permitted agricultural uses;
[2] 
Part of preparing land for a use permitted within a riparian area;
[3] 
An approved reforestation plan; or
[4] 
Part of normal routine maintenance of the buffer area which shall include but not be limited to the following:
[a] 
Removal of invasive species;
[b] 
Removal of vegetation when necessary as a means to eliminate dead, diseased, or hazardous stands of vegetation that jeopardize public safety; or
[c] 
The seasonal mowing of meadow areas in accordance with the seed manufacturers’ recommendations.
(b) 
Storage of any hazardous or noxious materials.
(c) 
Use of fertilizers, pesticides, herbicides and/or other chemicals in excess of prescribed industry standards or the recommendation of the Northampton County Conservation District.
(d) 
Motorized traffic from equipment or vehicles in any area unless associated with the following:
[1] 
Permitted riparian area crossings;
[2] 
Permitted agricultural uses;
[3] 
Part of preparing land for a use permitted within a riparian area;
[4] 
An approved reforestation plan; or
[5] 
Part of normal routine maintenance of the buffer area which shall include but not be limited to the following:
[a] 
Removal of invasive species;
[b] 
Removal of vegetation when necessary as a means to eliminate dead, diseased, or hazardous stands of vegetation that jeopardize public safety; or
[c] 
The seasonal mowing of meadow areas in accordance with the seed manufacturers’ recommendations.
(e) 
Parking lots, the parking or storage of trailers (with a gross weight rating exceeding 1,000 pounds), and the parking or storage of any motorized vehicles. For purposes of this section, parking or storage shall be defined as the keeping or placing of the above noted trailers and/or motorized vehicles within any portion of a riparian area for greater than six hours, whether in one location or in multiple locations within any riparian area on a property. The time constraints noted above shall not apply to trailers being utilized as part of normal routine maintenance of the riparian area; in which case, such trailers shall not be permitted within the riparian area for more than five consecutive days (120 hours).
(f) 
On-lot sewage disposal, absorption or sprayfield areas.
(g) 
Sod farming.
(h) 
Excavating, grading, filling, piping, diverting, dredging, or building; unless associated with a use permitted within a riparian area and a permit has first been obtained from the Township.
(i) 
Planting of non-native vegetation.
(j) 
The storage or disposal of materials used for snow or ice control including sand, cinders, salt, and other deicing chemicals/materials.
(12) 
Any person, partnership, or corporation will be required to restore and stabilize any unauthorized activity in the riparian area to the satisfaction of the Township and in accordance with the planting requirements in Zoning and § 180-95B(12.1)(a), (b), (c) and (d).
[Amended 9-15-2010 by Ord. No. 2010-05]
(12.1) 
Revegetation of riparian area. In cases where a major subdivision or land development is proposed or an unauthorized activity has occurred, replanting of the riparian area shall be required where there is little or no existing vegetation. Native vegetation approved by the Township shall be used in replanting efforts and shall include herbaceous plants that serve as ground cover, understory trees and shrubs, and trees that form an overhead canopy. The re-vegetation plan shall be prepared by a qualified professional and shall comply with the following minimum requirements, unless modified by Township Council upon recommendation of the Planning Commission:
[Added 9-15-2010 by Ord. No. 2010-05]
(a) 
Ground cover. Ground cover consisting of native seed mixes and/or plants must be provided along the portion(s) of the riparian area where little or no riparian vegetation exists. The ground cover plantings shall be planted within the first 25 feet from the edge of the wetland, waters of the United States, waters of the commonwealth, perennial or intermittent watercourse, lake, or pond and shall be designated on the plan as a "no-mow zone" that shall be left as natural cover except in accordance with the maintenance instructions stated on the approved plan.
(b) 
Trees and shrubs. These planting layers include trees that form an overhead canopy with understory vegetation. These plants shall be planted in an informal manner clustered within the first 25 feet from the edge of the wetland, waters of the United States, waters of the commonwealth, perennial or intermittent watercourse, lake, or pond. These plants shall be provided at a rate of at least one canopy tree, one understory tree, and three shrubs for every 20 linear feet, as measured along a line 25 feet from the edge of and parallel to the wetland, waters of the United States, waters of the commonwealth, perennial or intermittent watercourse, lake, or pond.
(c) 
Exceptions. These planting requirements shall not apply to existing farm fields located within a riparian area.
(d) 
Revegetation plans are subject to review by the Township in accordance with the Lower Saucon Township Fee Schedule.
(13) 
Steep slopes.
(a) 
Steep slopes shall include areas of 3,000 square feet or greater where the slope exceeds 8%.
(b) 
Steep slopes with a grade of 8% to 15% shall have a protection rate of 60%.
[Amended 8-17-2005 by Ord. No. 2005-07]
(c) 
Steep slopes with a grade of 15% to 25% shall have a protection rate of 70%.
[Amended 8-17-2005 by Ord. No. 2005-07]
(d) 
Steep slopes with a grade of greater than 25% shall have a protection rate of 85%.
(14) 
Rock outcrops.
(a) 
Rock outcrops shall include all areas where a portion of bedrock parent material is exposed to the surface of the ground for an area in excess of 2,000 square feet.
(b) 
Rock outcrops shall have a protection rate of 80%. No more than 20% of existing rock outcrops shall be removed, regraded or covered with fill.
[1] 
No on-lot sewage system drain field shall be proposed within 50 feet of such features.
(15) 
Woodlands.
(a) 
Woodlands shall include all areas of 3,000 square feet or greater which contain an average of one or more trees measuring six inches in caliper or greater, per 1,000 square feet. All associated layers of growth, including, but not limited to, the canopy, understory and floor, shall be considered as part of the woodland and shall be so protected by the woodland protection rate.
(b) 
Alien, invasive or other species which are deemed to be harmful to the local ecosystem may be permitted to be removed upon inspection by a qualified representative of the Township.
(c) 
In emergency situations where any tree is in such a position or condition that it constitutes a danger to the health, safety or welfare of persons, structures, neighboring property, the property on which it is located, or to the public, the applicant may be permitted to cut down or remove this tree in excess of the typical woodland protection rate. However, the applicant shall apply for the appropriate permits within three business days after the tree removal.
(d) 
Woodlands shall have a protection rate of 80%. No more than 20% of areas of woodlands shall be cleared, thinned or regraded.
(e) 
No live tree with a girth greater than six inches in caliper measured at a point four feet above grade shall be removed in conjunction with a land development or building permit unless a zoning permit for a specific number of trees in a specific location is first obtained from the Municipal Zoning Officer.
[Amended 8-17-2005 by Ord. No. 2005-07]
(16) 
Environmentally sensitive woodlands.
(a) 
Environmentally sensitive woodlands shall include areas of woodlands which coexist with other protected natural resources, including but not limited to floodplains, floodplain soils, steep slopes, lake and pond buffers, riparian buffers and wetland buffers.
(b) 
Alien, invasive or other species which are deemed to be harmful to the local ecosystem may be permitted to be removed upon inspection by a qualified representative of the Township.
(c) 
In emergency situations where any tree is in such a position or condition that it constitutes a danger to the health, safety or welfare of persons, structures, neighboring property, the property on which it is located, or to the public, the applicant may be permitted to cut down or remove this tree in excess of the typical woodland protection rate. However, the applicant shall apply for the appropriate permits within three business days after the tree removal.
(d) 
Environmentally sensitive woodlands shall have a protection rate of 85%. No more than 15% of areas of environmentally sensitive woodlands shall be cleared, thinned or regraded.
(e) 
No live tree with a girth greater than six inches in caliper measured at a point four feet above grade shall be removed in conjunction with a land development or building permit unless a zoning permit for a specific number of trees in a specific location is first obtained from the Municipal Zoning Officer.
[Amended 8-17-2005 by Ord. No. 2005-07]
(17) 
Carbonate Geology Areas.
(a) 
Purpose. Areas within the Township are underlain by carbonate bedrock, such as limestone and dolomite. Such areas may have conduit drainage developed beneath them by dissolution of the rock, a process called "karstification." Because of this, such areas are susceptible to surface collapse and subsidence caused by physical and chemical erosion of soil and bedrock. These areas are especially susceptible to contamination of groundwater through the movement of solid and liquid wastes, contaminated surface water, septic tank effluent or other hazardous substances in fractures, solution openings and fissures within the rock, which may lead to groundwater supplies. It is the intent of this regulation to minimize the harmful aspects of development within the carbonate rock areas through site planning and other risk-reduction measures.
(b) 
District identification.
[1] 
The district shall be any area identified upon the Township Zoning Map[2] as a Carbonate Geology Area. The designated carbonate areas were derived from Open File Report 8702, entitled "Sinkholes and Karst Related Features of Northampton County, Pennsylvania" by William E. Kochanov, Commonwealth of Pennsylvania, Department of Environmental Protection, Bureau of Topographic and Geologic Survey. This district is an overlay district, as it can exist in all or portions of the primary land use districts established by Article III of this chapter.
[2]
Editor's Note: Said map is on file in the Township offices.
[2] 
The delineation of geologic contacts is frequently made by inference based upon interpretation of topographic features or other field data in the absence of outcrops. Therefore, these requirements shall apply to any development within 500 feet of the boundaries shown for the Carbonate Geology Areas.
[3] 
Upon receipt of proof and certification, satisfactory to the Zoning Officer from a licensed professional geologist that the area proposed for development is not underlain by carbonate geology, this carbonate geology section of the Code does not apply. However, if it is determined that carbonate rocks do underlie an area shown as noncarbonate on the Zoning Map, these requirements must be applied.
(c) 
Specific carbonate geologic area regulations. The following specific requirements shall apply to all uses in the carbonate geologic areas, and these requirements shall be in addition to all requirements imposed by any other section of this chapter:
[1] 
No on-lot sewer system drainfield, no underground propane tanks and no stormwater control basin shall be placed in or over sinkholes, closed depressions, lineaments, fracture traces, caverns, ghost lakes or disappearing streams.
[2] 
On-lot sewer system drainfields, underground propane tanks and stormwater control basins shall be located no closer than 100 feet to the rim of sinkholes, closed depressions and disappearing streams and no closer than 50 feet to lineaments, fracture traces or surface or subsurface pinnacles.
[3] 
Outflow from a stormwater control basin and stormwater flow generated as a result of development shall not empty into or be directed to any of the following carbonate features: sinkholes, closed depressions, lineaments, fracture traces, caverns, ghost lakes and disappearing streams.
[4] 
No habitable dwelling or principal nonresidential building or structure or nonresidential accessory building or structure shall be located any closer than 100 feet to the rim of sinkholes or closed depressions or 100 feet to ghost lakes, lineaments, fracture traces or disappearing streams unless a detailed surface and subsurface investigation has been performed and procedures provided to mitigate any threat of the feature(s) on groundwater quality and stability of surface and subsurface structures to the satisfaction of the Township. The investigation must be performed by a licensed professional geologist.
[5] 
All underground water, sewer, stormwater lines and stormwater control basins shall be lined with an impervious liner. Mortar joint and metal-banded storm sewer piping is prohibited.
[6] 
No toxic and hazardous substances shall be located closer than 100 feet to the rim of a sinkhole or 100 feet to ghost lakes, lineaments, fracture traces, disappearing streams, closed depressions, caverns, surface or subsurface pinnacles.
[7] 
All provisions of § 180-96G regarding storage of toxic and hazardous wastes must be complied with.
[8] 
Underground storage tanks shall not be permitted in this district, except for septic tanks for on-lot sewage disposal systems, propane tanks, and water storage tanks with less than 2,000 gallons' capacity.
[9] 
Wherever possible, public sewers should be provided for all buildings and/or land uses requiring sewage facilities. If public sewers are not available, the applicant must provide a primary on-lot sewage system drainfield and an area for a secondary or replacement drainfield meeting the requirements of this chapter and any other applicable state or local regulations.
[10] 
Additional information.
[a] 
In addition to the standard requirements for site plan submission, the following additional information is required on the site plan:
[i] 
Depressions.
[ii] 
Fissures, lineaments, faults or fracture traces.
[iii] 
Ghost lakes.
[iv] 
Outcrops of bedrock.
[v] 
Seasonal high water tables.
[vi] 
Sinkholes and previously filled sinkholes.
[vii] 
Soil mottling, on aerial photographs, as an indication of shallow weathered pinnacles.
[viii] 
Springs.
[ix] 
Surface drainage entering the ground.
[x] 
Caverns.
[xi] 
Disappearing lakes.
[xii] 
Disappearing streams.
[xiii] 
Surface or subsurface pinnacles.
[xiv] 
Calcareous fens.
[b] 
Such information must be provided by a licensed professional geologist.
[c] 
Such information must be based upon field surveys and published data which shall be supported by an explanation of its source, including the qualifications of the individuals directly responsible for preparing such information.
[11] 
The applicant shall furnish a map indicating existing and proposed grading and drainage conditions, the locations of all proposed primary and secondary private and public sewage disposal systems and the locations of existing private and public water supplies on adjoining properties (if any).
[12] 
Landfills shall not be permitted in this district.
[13] 
Disposal of domestic, agricultural or industrial waste shall not be permitted in sinkholes or closed depressions.
(d) 
Nonassumption of liability.
[1] 
In Carbonate Geology Areas, alteration, development or use of land may be hazardous with respect to foundation safety of structures, the creation of unstable land as a result of changes in drainage and the contamination of groundwater and surface water. Within the limitations of the information available at the time of review on individual applications, the Township shall attempt to make reasonable judgments as to the applicant's rights and responsibilities in this Carbonate Geology Area. All applicants and property owners are hereby notified that the Township, Township employees and Township consultants undertake no responsibility of property or life or personal injury due to carbonate geology conditions, even if applicants or property owners strictly observe all Township ordinances.
[2] 
It is also noted that local conditions can cause sinkholes and subsidence of ground in areas outside Carbonate Geology Areas and/or in areas of carbonate geology not designated as a sinkhole or hazardous area during site plan presentation or review. The applicant and property owner should always make independent investigations of these matters prior to using this land or construction of a building or structure.
(e) 
Appearance of geologic hazards after site plan approval. In certain cases, a specific geologic hazard, such as sinkholes, caves, etc., will not be identified during the site plan preparation or review but will be encountered and uncovered after site plan approval or during or after construction. In those cases, the applicant and/or landowner shall follow the procedures outlined below:
[1] 
Repair and maintain repair of the hazard in such a way as to prevent or minimize damage to building, structure, utility, driveway, parking area, roadway and other site improvements in such a way as to minimize pollution of the groundwater.
[2] 
Repair and maintain repair of any damage to improvements and restore ground cover and landscaping.
[3] 
Report occurrence of hazard and method of repair to the Zoning Officer within 14 days of the occurrence. It is recognized that repairs may have to be undertaken on an emergency basis, so in that event, repairs may begin without a zoning permit as long as repairs and restorations are made in compliance with prior approved site plans or zoning permits.
[4] 
In those cases where the hazard cannot be repaired in such a way as to maintain the integrity of the original approved site plan, the applicant and/or property owner shall apply for a site plan amendment using the procedures for site plan submissions (see § 180-102). During review and approval of such a site plan amendment, the Planning Commission and Zoning Officer shall recognize that the newly identified geologic hazard may have produced nonconformities to this chapter which may not reasonably be brought into conformity. The Planning Commission and Zoning Officer may allow the continuation of these nonconformities even if such nonconforming features have not been actually constructed. However, the applicant and/or landowner shall try to reduce or eliminate nonconforming features during the preparation of the site plan amendment.
[5] 
In all cases, however, if a sinkhole appears after site plan approval but before final inspection and approval of an on-lot sewer disposal system and such sinkhole is within 100 feet of the drainfield, the drainfield shall be relocated to meet Department of Environmental Protection requirements. The Township Sewage Enforcement Officer shall make all determinations on this matter as it is regulated by state regulations and other Township ordinances.
(18) 
Watershed Protection Areas.
(a) 
Purpose. The purpose of this subsection is to protect the public health, safety and welfare through the preservation of the municipality's major water resources to ensure a future supply of safe and healthful drinking water for the municipality, local residents and employees, and the general public.
(b) 
Applicability. This subsection shall only apply to those areas of the Township which are located within a Watershed Protection Area as delineated on the Zoning Map.[3] This subsection regulates the following land uses, physical facilities and activities which have the potential to contaminate groundwater:
[1] 
Light industry.
[2] 
Agricultural operations.
[3] 
Sewage disposal.
[4] 
Manufacturing.
[5] 
Injection wells.
[6] 
Storage tanks: underground and aboveground.
[7] 
Disposal facilities: solid waste, dump sites.
[8] 
Sewage sludge land application.
[9] 
Subdivisions.
[10] 
Land development.
[3]
Editor's Note: Said map is on file in the Township offices.
(c) 
Watershed protection requirements.
[1] 
General requirements. No land use, physical facilities or activity specified in Subsection B(18)(b) shall occur within a Watershed Protection Area, except in strict conformance with the provisions of this subsection.
[2] 
Watershed Protection Areas.
[a] 
Mapping of Watershed Protection Area.
[i] 
In order to implement the provisions of this subsection, Watershed Protection Areas surrounding protected public water supplies are hereby established. The boundaries of the Watershed Protection Areas are shown on the Township Zoning Map.[4]
[4]
Editor's Note: Said plan is on file in the Township offices.
[ii] 
Should any person challenge the boundary of Watershed Protection Areas, it shall be the responsibility of that person to retain a recognized professional with competence in the field to determine more accurately the precise boundary of the disputed area. The final boundary to be used will be determined by the Zoning Officer with assistance from the Municipal Engineer and/or a professional hydrogeologist, as appropriate.
[b] 
Prohibitions within Watershed Protection Areas.
[i] 
Except as provided for in Subsection B(18)(d), the following land uses, physical facilities and activities are prohibited:
[A] 
Facilities which generate, store, treat or dispose of hazardous material which are required to maintain a Pollution Incident Prevention (PIP); Spill Prevention Control and Countermeasure (SPCC); Preparedness, Prevention and Contingency (PPC); Spill Prevention Response (SPR) or SARA Title III Off-Site Plan.
[B] 
Herbicide, pesticide and fertilizer products dealers and distributors.
[C] 
Large volume subsurface sewage disposal systems.
[D] 
Large volume spray irrigation sewage disposal systems.
[E] 
Underground injection wells.
[F] 
Aboveground storage tanks.
[G] 
Underground storage tanks, except those in accord with the requirements of this chapter.
[H] 
Waste disposal facilities.
[I] 
Land application of sewage sludge.
[J] 
Facilities which dispose of hazardous material through land surface or subsurface means, including but not limited to Class IV injection wells and waste disposal facilities.
(d) 
General regulations.
[1] 
Continuation of existing land uses, physical facilities and activities. Any land use, physical facility or activity prohibited within Subsection B(18)(c) lawfully in existence within Watershed Protection Areas prior to the effective date of this subsection may continue to exist on the parcel upon which it is located so long as it remains in compliance with applicable federal, state and local regulations, including the requirements included within Subsection B(18)(e).
[2] 
Existing sewage disposal problems. Notwithstanding the provisions of Subsection B(18)(c), large volume subsurface sewage disposal systems or large volume spray irrigation sewage disposal systems may be used if necessary to solve sewage disposal problems associated with existing development.
[3] 
Public water supply projects. Notwithstanding the provisions of Subsection B(18)(c), public water supply projects which require the use of chemicals for disinfection or treatment or the aboveground storage and use of fuel will be allowed in all Watershed Protection Areas, subject to their approval, construction and operation in accordance with DEP regulations.
[4] 
Demonstration of exemption. Notwithstanding the provisions of Subsection B(18)(c), operations and facilities will be allowed in all Watershed Protection Areas if a description sufficient to meet the requirements of Subsection B(18)(e)[2] et seq. demonstrates to the satisfaction of the Township Council that no potential for contamination will exist due to the nature of the facility and operation.
(e) 
Special watershed protection provisions.
[1] 
General requirements. No land use, physical facility or activity specified in Subsection B(18)(b) shall occur within Watershed Protection Areas except in strict conformance with the requirements of this subsection.
[2] 
Watershed Protection Area requirements. The following land uses, physical facilities and activities, located within Watershed Protection Areas which are specifically allowed in Subsection B(18)(c) and (d) of this subsection, shall meet the following conditions:
[a] 
Large volume subsurface sewage disposal systems and large volume spray irrigation sewage disposal systems.
[i] 
A current permit from the Department of Environmental Protection must be filed with the municipality.
[ii] 
DEP required water quality monitoring reports must be filed with the municipality.
[b] 
Aboveground storage tanks and underground storage tanks.
[i] 
A current registration from the Department of Environmental Protection must be filed with the municipality.
[ii] 
Shall comply with all DEP regulations which are enacted in response to the Storage Tank and Spill Prevention Act of 1989.[5]
[5]
Editor's Note: See 35 P.S. § 6021.101 et seq.
[c] 
Agricultural operations.
[i] 
The conservation plan prepared according to Chapter 102 of DEP regulations must include a pesticide management plan and a nutrient management plan.
[ii] 
Within areas of carbonate bedrock as delineated on the Township Zoning Map,[6] the conservation plan prepared according to Chapter 102 of DEP regulations must include the identification of sinkholes and a mitigation plan.
[6]
Editor's Note: Said map is on file in the Township offices.
[d] 
Sewage disposal facilities.
[i] 
Sewage disposal facilities must be operated and maintained to prevent discharge of untreated or partially treated sewage to surface or ground waters.
[ii] 
On-lot sewage disposal systems must be inspected by the Sewage Enforcement Officer (SEO), and any necessary repairs or maintenance must be performed prior to the expansion or conversion of the land use served.
[iii] 
On-lot sewage disposal systems must be inspected by the Sewage Enforcement Officer, and any necessary repairs or maintenance must be performed prior to transfer of property ownership.
[e] 
Stormwater detention facilities.
[i] 
The facility shall be designed and constructed with an impermeable liner.
[f] 
Inspections.
[i] 
Municipal inspections.
[A] 
The Township or its designee shall be authorized to inspect the following facilities located within Watershed Protection Areas for purposes of determining compliance with this chapter and any federal or state permit or regulation requirements upon direction by the governing body:
{1}
Large volume subsurface and spray irrigation sewage disposal systems.
{2}
Underground and aboveground storage tanks.
{3}
Agricultural operations.
{4}
Sewage disposal facilities.
{5}
Stormwater detention facilities.
[B] 
The schedule of inspections shall be determined by the municipality for each type of facility. Inspectors shall be responsible for reporting any violations to the municipality. The municipality may inform DEP or EPA, as appropriate, of any possible violations of their regulations for the purpose of follow-up actions by those agencies.
[ii] 
Inspections by the county conservation district. The County Conservation District shall be authorized to perform monthly inspection of the following activities located within Watershed Protection Areas:
[A] 
Agricultural operations covered by a conservation plan under Chapter 102 of DEP regulations.
[B] 
Earthmoving activities covered by an erosion and sedimentation plan under Chapter 102 of DEP regulations.
[iii] 
Right of entry. Upon presentation of the proper credentials and execution of release/waiver of claims, duly authorized representatives of the municipality may enter at reasonable times upon any property within a Watershed Protection Area to investigate or ascertain whether the requirements of this chapter are being met.
C. 
Site capacity calculations.
(1) 
The purpose of this subsection is to conserve the valuable and environmentally sensitive natural features and resources within the Township, prevent the long-term degradation of the environment to the common benefit of the community and to promote sound development practices by limiting, restricting and prohibiting development from areas of a site, parcel, tract or lot that are not appropriately suited for development activity.
(2) 
For all subdivisions, land developments and site plan reviews, the following calculations shall be submitted with the site plan required in § 180-95A(4):
(a) 
Calculate base site area.
[1]
Gross site area (from property survey):
_____ ac.
[2]
Subtract:
[a]
Land that is not contiguous:
_____ ac.
[b]
Land within existing rights-of-way:
_____ ac.
[c]
Land within required rights-of-way of existing streets:
_____ ac.
[d]
Land within easements and covenants:
_____ ac.
[3]
Equals base site area:
_____ ac.
(b) 
Calculate resource restrictions and resource protection lands within the base site area. Should two or more resources overlap, only the resource with the highest protection ratio shall be used.
Natural Resource
Required Reservation
Land in Resource
Resource Protection Land
Floodplains
100%
x
_____ ac.
= _____ ac.
Floodplain soils
100%
x
_____ ac.
= _____ ac.
Wetlands
100%
x
_____ ac.
= _____ ac.
Waters of the U.S./ commonwealth
100%
x
_____ ac.
=_____ ac.
Lakes/ponds
100%
x
_____ ac.
= _____ ac.
Environmentally sensitive woodlands
85%
x
_____ ac.
=_____ ac.
Steep slopes greater than 25%
85%
x
_____ ac.
= _____ ac.
Rock outcrops
85%
x
_____ ac.
= _____ ac.
Woodlands
80%
x
_____ ac.
= _____ ac.
Steep slopes greater than 15% to 25%
70%
x
_____ ac.
= _____ ac.
Steep slopes 8% to 15%
60%
x
_____ ac.
= _____ ac.
Total Land in Resources
_____ ac.
Total Resource Protection Land
_____ ac.
(c) 
Calculate net buildable site area.
[1]
Base site area (from Subsection C(2)(a)[2])
_____ ac.
[2]
Subtract total resource protection land [from Subsection C(2)(b)]
- _____ ac.
[3]
Equals net buildable site area
= _____ ac.
(d) 
Calculate maximum number of permitted dwelling units.
[1]
Net buildable site area (from Subsection C(2)(e)[3])
_____ ac.
[2]
Find square footage of net buildable site area
[Amended 12-20-2006 by Ord. No. 2006-10]
x 43,560
[3]
Divide by minimum allowable lot area (based on zoning district)
/ _____ sf.
[4]
Equals maximum permitted quantity of DUs
= _____ DUs
(e) 
Calculate maximum permitted impervious surfaces.
[1]
Net buildable site area (from Subsection C(2)(e)[3])
_____ ac.
[2]
Multiply by maximum permitted impervious surfaces ratio (based on zoning district)
x _____
[3]
Equals maximum permitted impervious surfaces
= _____ ac.
(f) 
Site capacity calculation summary.
[1]
Base site area (from Subsection C(2)(a)[2])
= _____ ac.
[2]
Net buildable site area (from Subsection C(2)(e)[3])
= _____ ac.
[3]
Maximum permitted number of DUs (from Subsection C(2)(f)[4])
= _____ ac.
[4]
Maximum permitted impervious surfaces (from Subsection C(2)(g)[3])
= _____ ac.
No building, structure or land use anywhere within the Township shall be used or occupied in any manner that creates any dangerous, injurious, noxious or otherwise objectionable condition; fire, explosive or other hazard; noise or vibration; smoke, dust, odor or other form of air pollution; heat, electromagnetic or other radiation or other condition in such manner or in such amount as to affect adversely the reasonable use or value of the surrounding area of adjoining premises or be dangerous to public health or safety.
A. 
Radioactivity. Activities which may emit radioactivity shall comply with regulations of the Pennsylvania Department of Environmental Protection, Division of Radiology, and the Federal Nuclear Regulatory Commission.
B. 
Heat. Activities which employ the use of heat or produce heat as a product or by-product of said activity shall be so located and/or buffered to prohibit a raise in temperature of 2º F. at the lot line.
C. 
Glare.
(1) 
No direct glare shall be permitted, with the following exceptions:
(a) 
Parking areas and walkways may be illuminated by luminaries so hooded or shielded that the maximum angle of the cone of direct illumination shall be 60º drawn perpendicular to the ground. Such luminaries shall be placed not more than 16 feet above the ground level, and the maximum illumination at ground level shall not be in excess of three footcandles at 30 feet, horizontally measured, from the light source.
(b) 
A luminary less than four feet above the ground may have a cone angle of 90º.
(2) 
The total of any and all direct glare and indirect glare (produced by illuminating a reflecting surface) shall not exceed 0.3 footcandle instantaneous maximum measurement or 0.1 footcandle average measurement at any side or rear lot line.
(3) 
Deliberately induced sky-reflected glare, as by casting a beam upward for advertising purposes, is specifically prohibited.
D. 
Noise.
(1) 
No person shall operate or cause to be operated on private or public property any source of continuous sound (any sound which is static, fluctuating or intermittent with a recurrence greater than one time in any fifteen-second interval) in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use category in the following table when measured at or within the property boundary of the receiving land use.
Continuous Sound Levels by Receiving Land Use
Receiving Land Use Category
Time
Sound Level Limit
(dBA)
Residential, public space, open space, agricultural or institutional
1)
7:00 a.m. to 10:00 p.m.
60
2)
10:00 p.m. to 7:00 a.m., plus Sundays and legal holidays
50
Commercial or business
1)
7:00 a.m. to 10:00 p.m.
65
2)
10:00 p.m. to 7:00 a.m., plus Sundays and legal holidays
60
Industrial
At all times
70
(2) 
For any source of sound which emits a pure tone, the maximum sound-level limits set forth in the above table shall be reduced by 5 dBA. For any source of sound which emits an impulsive sound (a sound of short duration, with an abrupt onset and rapid decay and an occurrence of not more than one time in any fifteen-second interval), the excursions of sound-pressure level shall not exceed 20 dBA over the ambient sound-pressure level, regardless of time of day or night or receiving land use, using the fast meter characteristic of a Type II meter, meeting the ANSI specifications S1.4-1971.
(3) 
The maximum permissible sound level limits set forth above shall not apply to any of the following noise sources:
(a) 
The emission of sound for the purpose of alerting persons to the existence of an emergency.
(b) 
Repair or construction work to provide electricity, water or other public utilities within the hours of 7:00 a.m. and 9:00 p.m., except for clearly emergency repairs which are not restricted by time.
(c) 
Household power tools and lawnmowers between the hours of 8:00 a.m. and 9:00 p.m.
(d) 
Construction operations (including the occasional use of explosives in construction) and repairs of public facilities (including sidewalks and streets) within the hours of 7:00 a.m. and 9:00 p.m., except for clearly emergency repairs which are not restricted by time.
(e) 
Agricultural activities, including livestock.
(f) 
Motor vehicles travelling on state-owned streets.
(g) 
Public celebrations, specifically authorized by the Township.
(h) 
Railroads.
(i) 
Unamplified human voices.
(j) 
Routine ringing of bells and chimes by a place of worship.
E. 
Smoke, dust, etc. The air-pollution control regulations promulgated by the Air Pollution Control Act of January 9, 1960, P.L. 2119, as amended (35 P.S. § 4001 et seq.), shall be used to control the emissions of dust, dirt, smoke, vapors, gases and odors. (These regulations are part of Title 25, Rules and Regulations, Department of Environmental Protection, Subpart C, Protection of Natural Resources, Article III, Air Resources.)
F. 
Vibration. No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments at or beyond any lot line; nor shall any vibration produced exceed 0.002 g peak at up to 50 cycles per second (cps) frequency, measured at or beyond the lot line using either seismic or electronic vibration-measuring equipment.
(1) 
Vibrations occurring at higher than 50 cps frequency or aperiodic vibrations shall not induce acceleration exceeding .001 g.
(2) 
Single impulse aperiodic vibrations occurring at an average interval greater than five minutes shall not induce accelerations exceeding .01 g.
G. 
Storage of hazardous and toxic substances.
(1) 
The following regulations shall apply to the storage of hazardous and toxic materials and the disposal of said materials. Hazardous and toxic materials include but are not limited to the following:
(a) 
Acetone.
(b) 
Ammonia.
(c) 
Benzene.
(d) 
Calcium carbide.
(e) 
Carbon disulfide.
(f) 
Celluloid.
(g) 
Chlorine.
(h) 
Hydrochloric acid.
(i) 
Hydrocyanic acid.
(j) 
Magnesium.
(k) 
Nitric acid and oxides of nitrogen.
(l) 
Petroleum products (gasoline, fuel oil, etc.).
(m) 
Phosphorus.
(n) 
Potassium.
(o) 
Sodium.
(p) 
Sulfur and sulfur products.
(q) 
Pesticides (including insecticides, fungicides and rodenticides).
(r) 
Radioactive substances, insofar as such substances are not otherwise regulated.
(2) 
Impoundments containing toxic substances are not permitted.
(3) 
Storage and handling areas for toxic and hazardous substances must have impermeable surfaces designed to contain material and direct it to a predetermined collection point.
(4) 
Storage and handling facilities for hazardous and toxic substances should not be sited within 300 feet of a public or private water supply.
(5) 
Any use requiring the maintenance of a supply of more than 110 gallons or other comparable volume of any toxic or hazardous substances on the premises or which will involve the production, storage or use of any amount of radioactive substance shall be inventoried, and the inventory shall be submitted to the Township Manager. In addition, spill contingency plans acceptable to the Township Manager, Police Chief and fire companies shall be developed and kept on file in the offices of the above-cited officers and agencies.
(6) 
At least two groundwater monitoring devices are required for all facilities handling toxic or hazardous substances.
(7) 
Impervious liners and all-weather coverings are to be installed at all road-deicing salt facilities.
H. 
Storage of chemicals. The following regulations shall apply to all chemicals:
(1) 
No underground or subsurface storage of chemicals, either gas, liquid or solids, shall be permitted in any district, except for underground storage of petroleum products as regulated by the state police and/or other state or federal regulatory agency.
(2) 
No aboveground or surface storage of chemicals, either gas, liquid or solids, in any quantity in excess of 20 cubic feet in volume shall be stored or maintained within 300 feet of a residential district boundary or within 300 feet of a residential dwelling, except for the following:
(a) 
Chemicals such as heating oil or propane, which may be required for the normal heating and cooling of a building, and fire-suppression chemicals.
(b) 
Printing supplies, photographic developing chemicals, janitorial chemicals and lawn and agricultural fertilizers in a quantity not to exceed 40 cubic feet.
(c) 
Aboveground tanks for storage of fuel oil for use by the property owner for:
[1] 
Farm-related equipment;
[2] 
Trucks or automobiles;
[3] 
Emergency equipment; and/or
[4] 
Recreational equipment or vehicles.
(3) 
All storage and waste disposal shall conform to all existing municipal fire prevention code and state and federal regulations.
I. 
Storage of wastes.
(1) 
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces; nor shall any substance which can contaminate a stream, watercourse or groundwater system or otherwise render such stream, watercourse or groundwater undesirable as a source of water supply or recreation or which will destroy aquatic life be allowed to enter any streams or watercourse.
(2) 
All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in containers which are adequate to eliminate such hazards.
(3) 
Storage and waste disposal facilities of commercial, industrial, institutional or multifamily uses shall be screened.
A. 
Buffer yards.
(1) 
Purpose. Buffer yards enhance the environmental quality by the separation and screening or uses of different classes.
(2) 
Additional requirements.
(a) 
Noncompatible abutting land uses.
[1] 
Any new building, structure, land use or expansion of existing buildings, structures or land uses shall require a buffer yard to separate said development from noncompatible abutting land uses, as follows:
[a] 
Residential/industrial.
[b] 
Residential/commercial.
[c] 
Residential/office.
[d] 
Residential/agricultural.
[e] 
Agricultural/industrial.
[f] 
Agricultural/office.
[g] 
Agricultural/commercial.
[h] 
Office/commercial.
[i] 
Office/industrial.
[j] 
Also, any other specific use as required by this chapter.
[2] 
Buffer yards shall be required at other locations as required by this chapter.
(b) 
The developer who is proposing the new development is responsible for installing said buffer yard. It is recognized that this requirement may result in two buffer yards in some cases.
(c) 
A buffer yard may comprise all or a portion of a side or rear yard as stipulated in this chapter. The total rear yard required shall be the larger of the buffer yard or rear yard, and the total side yard shall be the larger of one buffer yard or side yard.
(d) 
The occupancy permit for a use on the premises shall not be issued until such time as the landscaping requirements, buffer yards and/or other approved landscape improvements required by this chapter are either actually installed in full compliance herewith or, in the event that the season is not appropriate, a performance guaranty of 110% of the cost, as approved by the municipality, has been deposited with the municipality. Such guaranty shall be in a form acceptable to the municipality, and the depositor shall agree in making the deposit that if performance is not completed within the time specified by the Zoning Officer on the receipt delivered to the depositor, the municipality may complete the requirements and charge the cost against the deposit; otherwise the deposit shall be returned in full after the satisfactory completion of the work.
(3) 
Standards.
(a) 
Width.
[1] 
The width of the buffer yard shall be 20 feet.
[2] 
The width of the buffer yard shall be measured from the property line.
(b) 
Buffer yards shall not be required in required front yards.
(c) 
The buffer yard shall be composed of an entire landscaped area with grass or ground cover and a planting screen, as defined below.
(d) 
The entire buffer yard shall be attractively maintained and kept free of litter and weeds.
(e) 
No portion of a structure, accessory use, vehicle parking or material storage is permitted within the buffer yard.
(f) 
In addition to plant materials, fences, walls and planted earthen berms may be provided in addition to or substituted for plant materials after review and approval by the Planning Commission as to their function and suitability.
B. 
Planting screens.
(1) 
A planting screen shall consist of a dense screen planting of trees, shrubs or other plant materials, extending the full length of the buffer yard, to serve as a barrier to visibility, glare and noise.
(2) 
Plant materials used in the planting screen shall be a minimum of five feet high and shall produce, within three years, a complete visual screen of at least six feet in height.
(3) 
A fence, wall or hedge complying with § 180-97C may be incorporated as part of said planting screen.
(4) 
The planting screen shall be maintained permanently, and any plant material which does not live shall be replaced within six months.
(5) 
The planting screen shall be placed so that at maturity it will be no closer than three feet to any street or property line.
(6) 
Planting screens shall not interfere with traffic visibility along a curve, across the corner of a lot and at access driveways, as regulated in § 180-92J.
(7) 
The planting screen shall be broken only at points of vehicular or pedestrian access.
C. 
Fences, walls and hedges:
[Amended 5-7-2008 by Ord. No. 2008-04]
(1) 
Performance standards.
(a) 
Where other Township ordinances, or other sections of this chapter, provide conflicting regulations regarding fences, walls and hedges, the most restrictive regulations shall apply.
(b) 
In all districts, trees, shrubs and other plantings are permitted in any front, side or rear yard, provided they do not block the clear sight distance for vehicular traffic.
(c) 
Fences, walls or other structures and hedges or plantings shall not be located at street corners so as to interfere with the clear sight triangle of the corner lots, as established by drawing a line between two points on the street center line, each point being 75 feet from the center line intersection, for local streets and 100 feet from the center line intersection for and intersection involving a nonlocal street. No walls, fences or hedges taller than three feet or that would otherwise obscure the vision of a motorist shall be permitted in this area. Their height is restricted to three feet within the sight triangle.
(d) 
Fences shall not be permitted within a riparian buffer area except when needed for a use permitted in § 180-95B(10).
(2) 
Location and height.
(a) 
In residential and agricultural districts, fences, walls or hedges may be erected in the front, side and rear yards of properties in residential districts. The height shall be no more than four feet in a front yard and no more than six feet in a side and rear yard. Exceptions to the maximum permitted heights may be granted by the Zoning Officer in the following situations:
[1] 
Enclosure of tennis courts or other recreation facilities.
[2] 
Enclosure of agriculture or livestock.
[3] 
Necessity for heightened security due to the nature of the use.
[4] 
As he deems necessary due to extenuating circumstances which may negatively affect the public health, safety and welfare or property.
(b) 
In commercial, industrial, manufacturing and office and laboratory districts, fences, walls and hedges may not exceed eight feet in height, regardless of location in any required yard.
(c) 
Salvage and storage yard sites must be completely enclosed by a sight-obscuring hedge, masonry wall or wooden fence.
(d) 
Gates must open onto the owner's property.
(e) 
All retaining walls are subject to the requirements of all applicable building codes, including but not limited to Township Chapter 65, Building Construction.
(f) 
Fences, walls and hedges are not permitted to be erected or planted within a public or dedicated right-of-way.
(g) 
Swimming pool fences and barriers shall be subject to all applicable building codes, as well as all applicable requirements of this chapter.
(h) 
Fences, walls and hedges may be placed in an easement established for drainage or utilities, provided that such fence, wall or hedge does not violate the terms of the easement. It shall be understood that removal, repair or replacement of the fence, wall or hedge within any easement is the responsibility of the property owner.
(i) 
The placement of fences, walls and hedges shall not obstruct the flow of stormwater.
(3) 
Permitted materials for construction.
(a) 
Fences.
[1] 
Fences shall be constructed of durable fencing material. Waste materials such as discarded vehicles, appliances, assembled or partially assembled materials or raw materials are prohibited.
[2] 
Fences may be constructed of wood, metal chain link, steel, aluminum, iron, plastic resin or other materials deemed suitable by the Zoning Officer.
[3] 
Fences may be left bare, or finished with paint, plastic or vinyl coating or other finishes deemed suitable by the Zoning Officer.
[4] 
No fence shall contain or have attached barbs, razors or similar types of injurious materials, or configurations, unless specifically approved by the Zoning Officer for appropriate reasons and circumstances such as the containment of livestock or high-level security.
[5] 
Chain-link or woven-wire fences must have the top selvage edge knuckled and not barbed.
[6] 
Electrified fences are strictly prohibited on all residential properties unless specifically approved by the Zoning Officer for appropriate reasons and circumstances such as the containment of livestock or high-level security.
(b) 
Walls.
[1] 
Freestanding walls may be constructed of stone, poured or precast concrete, brick or tile masonry, and shall be subject to all applicable building codes.
[2] 
Retaining walls may be constructed of stone, concrete or brick masonry, cribbing of steel or concrete as well as wood timbers pressure treated for decay or steel sheet piling, and shall be subject to all applicable building codes.
(c) 
Hedges.
[1] 
No hedge shall consist of plant material featuring conspicuous thorns or other threats to public safety.
[2] 
No hedge shall consist of plan material listed as an invasive species by the Pennsylvania Department of Conservation and Natural Resources (DCNR).
(4) 
Permits and maintenance requirements.
(a) 
Prior to the erection of a fence, hedge or wall, a permit must be obtained from the Zoning Officer. The application must be accompanied by a plan sketch to scale showing the proposed location.
(b) 
The Township shall not be liable for improperly located fences, walls or hedges.
(c) 
The property owner is solely responsible for the continued maintenance of any fence, wall or hedge.
(d) 
If a fence, wall or hedge is not properly maintained, or is deemed unsafe, or is damaged, destroyed or deteriorated, the owner must remove, replace or repair it within 30 days of receipt of written notice to do so from the Zoning Officer or Township Official.
(e) 
Any fence, wall or hedge erected prior to the enactment of this chapter will not be subject to all of the new fence requirements contained in this chapter. However, they are subject to all the requirements of continued maintenance of a fence in this chapter.
(f) 
Any fence, wall or hedge owner who violates the regulations and maintenance notifications contained in this chapter shall be considered in violation of the ordinance and subject to the penalties prescribed below.[1]
[1]
Editor's Note: Section 4 of amending Ord. No. 2008-04, which followed this subsection, provided that § 180-10, Violations and penalties, shall apply to the amended § 180-97C.
A. 
General.
(1) 
The applicant and/or landowner shall be responsible to mitigate all adverse traffic impacts caused by his development.
(2) 
A traffic impact study shall be required for all uses which will generate 250 trips per day or more. (Ingress is one trip and egress is one trip.)
B. 
Driveways.
(1) 
General restrictions.
(a) 
All driveways shall be located, designed, constructed and maintained in such a manner as not to interfere or be inconsistent with the design, maintenance and drainage of the abutting road.
(b) 
Storm culvert pipes are prohibited within the right-of-way unless there is no other way to access the property.
(c) 
All driveways shall be paved within the road right-of-way with all approved curb and sidewalk crossovers in curb and sidewalk areas or with a paved crushed aggregate and bituminous pavement with design thickness and construction at least equal to Township local public road construction standards.
(d) 
All driveways shall be paved to a point 20 feet back from the right-of-way.
(e) 
All driveways shall be constructed to maintain the existing roadway gutter and shall not discharge water onto the street.
(2) 
General location restrictions. Access driveways shall be permitted at locations in which:
(a) 
Sight distance, computed in accordance with PennDOT criteria, is adequate to safely allow each permitted movement to be made into or out of the access driveway;
(b) 
The free movement of normal highway traffic is not impaired;
(c) 
The driveway will not create a hazard; and
(d) 
The driveway will not create an area of undue traffic congestion on the highway.
(3) 
Specific location restrictions. Specific location restrictions shall include the following:
(a) 
Where possible, access driveway center lines shall not be located within 200 feet of an arterial interchange, ramp areas or at locations that would interfere with the placement and proper functioning of highway signs, signals, detectors, lighting or other devices that affect traffic control.
(b) 
Where possible, no access driveway center lines will be allowed within 200 feet of a signalized intersection, except if the driveway is aligned opposite a T-intersection and the applicant provides, in cooperation with the Township, new or relocated detectors, signal heads, controller and the like for the control of traffic movements from the driveway.
(c) 
Access to a property which abuts two or more intersecting streets or highways may be restricted to only that roadway which can more safely accommodate its traffic.
(d) 
Driveways shall be located directly across from a highway, local road or access driveway on the opposite side of the roadway, where possible.
(e) 
Where possible, access center line points for all uses except single-family homes shall be not less than 175 feet from the intersection of any street center line or other driveway center line. For a single-family home, no driveway center line shall be located the lesser of the following distances from an intersection center line:
[1] 
One hundred seventy-five feet; or
[2] 
As far as possible from the intersection, but not closer than (5) feet to an adjoining property.
(f) 
Where possible, access to collector and arterial highways shall be via local roads. Where possible, minimum use driveways from individual lots shall not directly access a collector or arterial highway. The Zoning Officer, with the recommendation of the Planning Commission, may waive this requirement where it is not possible.
(4) 
Number of driveways. The number and location of entrances which may be granted will be based on usage, interior and exterior traffic patterns and acceptable design policy.
(a) 
Normally, only one driveway will be permitted onto any one public street, except if warranted by traffic volume and the driveway center lines are not closer than 300 feet. Not more than two driveways will be permitted onto any one public street.
(b) 
Regardless of frontage, a development may be restricted to a single entrance/exit driveway.
C. 
Off-street parking.
(1) 
Required off-street parking area.
(a) 
Off-street parking spaces shall be provided and satisfactorily maintained in accordance with the following provisions for each building or use which, after the effective date of this chapter, is established, erected, enlarged or altered for use for any of the following purposes in any district; for uses not specifically listed, the requirements for the most similar use listed, as determined by the Zoning Officer, shall be followed:
(b) 
Parking space requirements shall be in accordance with the attached table, entitled "Lower Saucon Off-Street Parking Table."
Lower Saucon Off-Street Parking Table
Land Use
Minimum Number of Spaces Per Unit
Agriculture, commerce
1 per employee
Agriculture, excluding animal husbandry
1 per employee
Agriculture, including animal husbandry
1 per employee
Forestry
1 per employee
Kennel, boarding, stable, obedience school
1 per employee, plus 1 per 0.25 kennels
Bank
1 per 0.5 teller, plus 1 per employee, plus 1 per 0.5 automatic teller
Barber, beauty shop
1 per 100 sq. ft. of floor area, plus 1 per employee
Beverage distributor
1 per 100 sq. ft. of floor area, plus 1 per employee
Car wash
1 per 0.2 wash bay, plus 1 per employee
Craft shop
1 per 100 sq. ft. of floor area, plus 1 per employee
Dance studio
1 per 100 sq. ft. of floor area, plus 1 per employee
Day camp
1 per employee, plus 1 per each 10 campers
Gas station
1 per 0.20 service bay (5 per bay), plus 1 per employee
Gas station/grocery
1 per 100 sq. ft. of floor area, plus 1 per employee
Salvage yard
1 per 0.33 acre, plus 1 per employee
Laundromat
1 per 1.5 washing or dry-cleaning machines, plus 1 per employee
Marshal arts school
1 per 100 sq. ft. of floor area, plus 1 per employee
Nursery or commercial greenhouse
1 100 sq. ft. of floor area, plus 1 per employee
Office, business or professional
1 per 140 sq. ft. of floor area
Office, home professional/occupation
1 per 0.33 dwelling unit, plus 1 per 100 sq. ft. of used office space, plus 1 per employee
Repair shop, motor vehicle
1 per 0.2 service bay (5 per bay), plus 1 per employee, plus 1 per 0.33 acre
Cemetery
1 per employee
Social building (including churches)
1 per each 3 seats, plus 1 per 100 sq. ft. of meeting room area, plus 1 per employee
Community center
1 per each 3 seats, plus 1 per 100 sq. ft. of meeting room area, plus 1 per employee
Cultural facility
1 per each 3 seats, plus 1 per 100 sq. ft. of meeting room area, plus 1 per employee
Library
1 per three persons at capacity, plus 1 per employee
Educational institution, private
1 per employee or volunteer, plus 1 per 0.33 classroom, plus 1 per 2 students 16 years or older
Educational institution, public
1 per employee or volunteer, plus 1 per 0.33 classroom, plus 1 per 2 students 16 years or older
Educational trade school
1 per employee or volunteer, plus 1 per 0.33 classroom, plus 1 per 2 students 16 years or older
Concrete and asphalt plants
1 per employee, plus 1 per company vehicle
Industrial, various (see Sec. 2.13)
1 per 0.95 employee on largest shift, plus 1 per company vehicle normally stored
Landfills and waste disposal facilities
1 per employee
Natural resource extraction
1 per employee
Petroleum and hazardous substance storage
1 per employee
Research/laboratory
1 per 0.95 employee on largest shift, plus 1 per company vehicle normally stored
Storage yards and buildings
1 per 0.33 acre, plus 1 per employee
Bed-and-breakfast
1 per 0.33 dwelling unit, plus 1 per employee, plus 1 per guest room
Hotel/motel
1 per 0.95 rental room or suite, plus 1 per employee
Fire and emergency station
1 per 0.33 bay
Government facility, other
1 per 2 seats, plus 1 per employee
Government facility, Township
1 per 2 seats, plus 1 per employee
Personal-care facility
1 per 0.17 practitioner, plus 1 per employee
Hospital
1 per each 2 beds, plus 1 per each staff and visiting doctor, plus 1 per employee on largest shift
Club, lodge and/or social building, private
1 per greater of 6 members or 3 persons at capacity, plus 1 per employee
Commercial (indoor)
1 per 2 persons at capacity, plus 1 per employee
Commercial (outdoor)
1 per 2 persons at capacity, plus 1 per employee
Golf course
1 per 2 persons at capacity, plus 1 per employee
Recreation and park, public
1 per 2 persons at capacity, plus 1 per employee
Riding academy
1 per stall, plus 1 per employee
Theater and/or auditorium, indoor
1 per each 3 seats, plus 1 per employee
Theater and/or stadium, outdoor
1 per each 3 seats, plus 1 per employee
Conversion
1 per 0.5 dwelling unit
Duplex
1 per 0.33 dwelling unit
Garden apartment
1 per 0.5 dwelling unit, plus 1 per nonresident employee
Group homes/community living arrangements
1 per 0.33 dwelling unit, plus 1 per employee
Mobile home park
1 per 0.5 dwelling unit, plus 1 per employee
Rooming house
1 per 0.33 main dwelling unit, plus 1 per 0.5 rental unit, plus 1 per nonresident employee
Single-family
1 per 0.33 dwelling unit
Townhouse
1 per 0.33 dwelling unit
Restaurant, drive-in
1 per 50 sq. ft. of floor area (minimum 10 spaces), plus 1 per employee
Restaurant, sit-down
1 per 2 seats for customers, plus 1 per employee
Tavern
1 per 2 seats for customers, plus 1 per employee
Retail, convenience shopping center
a)
1 per every 150 sq. ft. of gross leasable floor area for shopping centers of 25,000 sq. ft. or less in area;
b)
1 per every 182 sq. ft. of gross leasable floor area for shopping centers of 25,001 sq. ft. to 50,000 sq. ft. in area; or
c)
1 per every 200 sq. ft. of gross leasable floor area for shopping centers larger than 50,000 sq. ft. of floor area.*
Retail, store
1 per 100 sq. ft. of retail sales area, plus 1 per employee
Retail, vehicle or boat (indoor/outdoor)
1 100 sq. ft. of floor space, plus 1 per 0.1 storage area (this means that at least 10 spaces shall be provided for a site), plus 1 per employee
Retail, wholesale
1 per 100 sq. ft. of showroom, plus 1 per employee
Retail, adult-oriented establishment
1 per 100 sq. ft. of floor space, plus 1 per employee
Bus or taxi terminal
1 bus or taxi stall for each vehicle to be parked, plus 1 per employee
Drug center
1 per 3 patients, plus 1 per employee
Funeral home
1 per greater of 4 seats or 50 sq. ft. of floor area, plus 1 per employee
Mental health facility
1 per each 2 beds, plus 1 per each staff and visiting doctor, plus 1 per employee on largest shift
Nursery or day-care center
1 per 0.33 classroom, plus 1 per employee or volunteer
Nursing home or extended-care facility
1 per each 2 beds, plus 1 per each staff and visiting doctor, plus 1 per employee on largest shift
Office, medical
1 per 0.17 practitioner (6 spaces each), plus 1 per employee
Public utility facility
1 per employee (3 minimum)
Services, personal
1 per 0.33 practitioner, plus 1 per employee
Veterinary or animal hospital
1 per 0.17 practitioner, plus 1 per employee
*NOTE: Except in each of these cases, the required parking spaces for restaurants or indoor theaters within such shopping centers shall be calculated separately, using the parking requirements for those particular uses. The square footage of restaurants and indoor theaters shall not be counted as part of the gross leasable area of the shopping center.
(2) 
General regulations applying to required off-street parking facilities.
(a) 
Existing parking. Structures and uses existing at the effective date of this chapter shall not be subject to the requirements of this chapter as long as the kind or extent of use is not changed, provided that any parking facility now serving these structures or use is not reduced below the applicable requirement(s).
(b) 
Changes in use. Whenever there is an alteration of a structure or a change or extension of a use which increases the parking requirements according to the standards of this chapter, the total additional parking required shall be in accordance with the requirements of that article.
(c) 
Conflict with other uses. No parking area shall be used for any other use that interferes with its availability for the parking need it is required to serve.
(d) 
Continuing character of obligation. All required parking facilities shall be provided and maintained so long as the use which the facilities were designed to serve still exists. Off-street parking facilities shall not be reduced in total extent after they exist unless such a reduction conforms with the requirements of this chapter. Off-street parking facilities shall be designed and used so that they at no time constitute a nuisance or a hazard or an unreasonable impediment to traffic.
(e) 
Joint use. Two or more uses may provide for required parking in a common parking lot if the total space provided is not less than the sum of the space required for each use individually. However, the number of spaces required in a common parking facility may be reduced below this total by special exception under Article II.
(f) 
Mixed uses. Where a permitted use contains or includes more than one of the types of uses identified in this chapter, the number of parking spaces required shall be the sum of the computed requirements for the separate types of uses.
(g) 
Location of parking space. No parking shall be permitted in required yard areas, except that one parking space for each single-family detached, single-family duplex or single-family attached home may be within the front yard setback, as long as it is not within any required sight triangle. Required off-street parking spaces shall be on the same lot or premises with the principle use served.
(h) 
Fractional spaces. Where the computation of required parking spaces results in a fractional number, only the fraction shall be counted as one, except that the absolute minimum number of spaces for any use shall be two.
(i) 
Parking of commercial vehicles. Commercial motor vehicles are not permitted to park in any residential district other than for normal commercial deliveries and services to the residents.
(3) 
Design standards. The design standards specified in this section shall be required for all new off-street parking facilities with a capacity of four or more vehicles. Such facilities shall be designed so that their use shall not constitute a nuisance or hazard or unreasonable impediment to traffic.
(a) 
Parking lot dimensions shall be no less than those listed in the following table:
Aisle Width
Angle of Parking
(degrees)
Stall Width
(feet)
Stall Depth
(feet)
One-way
(feet)
Two-way
(feet)
Automobile parking
90
10
18
22
24
60
10
20
18
21
45
10
20
15
18
30
10
18
12
15
Parallel
8
22
12
18
Automobile and trailer parking
30
10
53
15
--
(b) 
Parking areas shall be designed so that each motor vehicle may proceed to and from the parking space provided for it without requiring the moving of any other motor vehicle.
(c) 
Unless superseded by state law or regulations, the width of entrance and exit drives shall be:
[1] 
A minimum of 12 feet for one-way use only.
[2] 
A minimum of 25 feet for two-way use.
[3] 
A maximum of 35 feet at the road right-of-way line.
(d) 
Parking areas shall be designed to provide turnaround area so vehicles do not back onto public roads.
(e) 
Parking areas shall be illuminated at night when in use. All lighting fixtures used to illuminate parking areas shall be arranged to prevent glare into public streets and adjoining properties.
(f) 
Landscaping and separation. Except where entrance and exit drives cross road right-of-way lines, all parking areas for any purpose other than single-family residences shall be physically separated from the right-of-way from any public street by a concrete curb and by a planting strip and/or sidewalk, which shall be not less than five feet in width. This five-foot planting strip shall be parallel to the road right-of-way line and shall be measured from the required right-of-way. A buffer yard is required to separate parking areas from rear and side property lines.
(g) 
In all single-family attached and apartment areas, parking areas shall be arranged to minimize through traffic to other parking areas and/or streets. Parking areas shall also be separated from adjacent structures, access roads and streets by 15 feet, so as not to interfere with required sight distance.
(h) 
All public parking lots shall provide parking space satisfying the needs of the handicapped.
(i) 
Maintenance of parking areas. For parking areas of four or more vehicles, the area not landscaped and so maintained, including driveways, shall be graded, surfaced with asphalt or other suitable material and drained to the satisfaction of the municipality to the extent necessary to prevent dust, erosion or excessive water flow across streets or adjoining property. All off-street parking spaces shall be marked as to indicate their location.
D. 
Off-street loading. Off-street truck loading berths shall be provided as an accessory to any use, as specified below:
(1) 
One berth for any nonresidential building with a gross floor area between 10,000 square feet and 25,000 square feet, and one additional berth for each additional 25,000 square feet or fraction thereof.
(2) 
One berth for buildings with offices, retail sales and service establishments with a gross floor area between 8,000 square feet and 25,000 square feet, plus one additional berth for each additional 25,000 square feet or fraction thereof.
(3) 
One berth for manufacturing, wholesale and storage uses and for dry-cleaning and rug-cleaning establishments and laundries with a gross floor area between 5,000 square feet and 10,000 square feet, plus one additional berth for each additional 20,000 square feet or fraction thereof.
(4) 
Each required off-street truck loading berth shall be at least 65 feet long, measured perpendicular to the loading dock; shall be at least 14 feet wide; and shall provide a minimum overhead clearance of 16 feet.
(5) 
Each required off-street truck loading berth shall have unobstructed access to a public street. Such access may be combined with access to an off-street parking lot; this is provided, however, that all berths shall be designed so that maneuvering of trucks to reach the loading dock shall not require the use of any required off-street parking spaces or intrude into any street right-of-way. No off-street loading berth shall be located in any required yard.
(6) 
All permitted or required loading berths shall be on the same lot as the use to which they are accessory, except that berths may be provided in spaces designed to serve jointly two or more adjacent establishments, provided that the number of berths in such joint facilities shall not be less than the total required separately for all such establishments.
(7) 
All lighting fixtures used to illuminate parking areas shall be arranged to prevent glare into public streets and adjoining properties.
E. 
Drive-in facilities. Where any drive-in windows or facilities are provided to serve any use, adequate provisions shall be made to prevent vehicles from stacking onto the right-of-way of any street. As a minimum, storage for at least 10 waiting automobiles from the right-of-way line to the drive-in window or facility being approached, and provisions to allow at least two exiting vehicles from any said window facility to the street, shall be provided. However, if more than one drive-in window or facility is provided, the required waiting area for approaching cars may be reduced to eight spaces per window or facility.
F. 
Required rights-of-way.
(1) 
Minimum right-of-way widths are established for those roads wherein the existing right-of-way is less than that indicated below for the particular class of road.
(2) 
Measurement; classification.
(a) 
The required rights-of-way shall be measured from the center line of the existing road. All front yards and other appropriate yards shall be measured from the required right-of-way line. The specific classification of each road is shown on the Zoning Map.[1]
Classification of Road
Required Right-of-Way From Center Line
(feet)
Expressway
60
Major arterial
50
Minor arterial
40
Collector
30
Local
25
[1]
Editor's Note: Said map is on file in the Township offices.
A. 
Continuations. All structures, uses of structures and uses of land that do not conform to the regulations of the district in which they are located, after the effective date of this chapter, shall be regarded as nonconforming, and the following regulations shall apply to them.
B. 
Alterations or extensions.
(1) 
Nonconforming buildings and structures may be altered, reconstructed or enlarged, provided that such alteration, reconstruction or enlargement does not increase the extent of the nonconformity existing on the effective date of this chapter and provided that no further encroachment into a side yard, rear yard or front yard or expanded encroachment into a required yard would be caused by such alteration, reconstruction or enlargement. In the case of a nonconforming structure which is used by a nonconforming use, such alteration, extension or enlargement shall also meet the requirements of Subsection B(3) of this section.
(2) 
Nonconforming lots. A building may be constructed on any lot which was lawful when created and which, prior to the effective date of this chapter, was in separate ownership duly recorded by plan or deed, provided that the yard requirements of this chapter are observed.
(3) 
Nonconforming uses. Nonconforming uses shall not be altered, reconstructed, extended or enlarged, except in accordance with the following provisions:
(a) 
Such alteration, reconstruction, extension or enlargement shall be permitted by special exception under the provisions of Article II, Administration.
(b) 
Such alteration, reconstruction, extension or enlargement shall be only upon the same lot as in existence at the date the use became nonconforming.
(c) 
Any increase in volume or area of the nonconforming use shall not exceed an aggregate of more than 25% (of said volume or area) during the life of the nonconformity.
C. 
Restoration. A nonconforming building or any building containing a nonconforming use wholly or partially destroyed by fire, explosion, flood or other phenomenon or legally condemned may be reconstructed and used for the same nonconforming use, provided that reconstruction of the building shall be commenced within one year from the date the building was destroyed or condemned and shall be carried on without interruption.
D. 
Ownership. Whenever a lot is sold to a new owner, a previously lawful nonconforming use may be continued by the new owner.
E. 
Abandonment. If a nonconforming use of a building or land is discontinued or abandoned for 12 consecutive months, subsequent use of such building or land shall conform with the regulations of the district in which it is located, unless another nonconforming use is approved by the Zoning Hearing Board in accordance with § 180-99G and that such approved use be initiated within 30 days after the end of the twelve-month period.
[Amended 3-6-2019 by Ord. No. 2019-01]
F. 
Changes. Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to another nonconforming use only if permitted as a special exception by the Zoning Hearing Board and subject to the following conditions:
(1) 
The applicant shall show that the nonconforming use cannot reasonably be changed to a conforming use.
(2) 
The applicant shall show that the proposed change will be equally or less objectionable in external effects than the existing nonconforming use, with respect to or more appropriate than the existing nonconforming use with regard to:
(a) 
Traffic generation and congestion, including truck, passenger car, bicycle and pedestrian traffic.
(b) 
Noise, smoke, dust, fumes, vapors, gases, heat, odor, glare or vibration.
(c) 
Storage and waste disposal.
(d) 
Appearance.
G. 
District changes. Whenever the boundaries of a district are changed so as to transfer an area from one district to another district, the foregoing provisions shall also apply to any nonconforming uses or structures existing in the district to which the area was transferred.
[1]
Editor’s Note: Former § 180-99, Signs and billboards, was repealed 3-6-2019 by Ord. No. 2019-01. This ordinance also renumbered former § 180-100 as § 180-99.