Bethlehem Township City Zoning Code
ARTICLE IV
RR Rural Residential District
§ 275-30 Purpose.
The purpose of this district is to:
A.
Recognize and preserve the character of areas that have been developed residentially in relatively large lots.
B.
Steer more dense growth away from the RR District and to areas closer to community facilities and services.
C.
Recognize and accommodate the limited sewage capacity presently available to the Township.
§ 275-31 Permitted-by-right uses.
Only the following uses are permitted by right in the RR District; provided that the requirements for specific uses in Article XX are met:
A.
The following principal uses:
B.
The following accessory uses, within the requirements of § 275-190:
§ 275-32 Special exception uses.
Only the following uses are permitted by special exception in the RR District; provided that the requirements for specific uses in Article XX are met:
§ 275-33 Conditional uses.
Only the following uses are permitted conditional uses in the RR District, provided the requirements for specific uses in Article XX are met:
§ 275-34 Lot and setback regulations.
Lot and setback regulations for uses in the RR District shall be as follows; unless a more restrictive requirement is stated in Article XX for a particular use or elsewhere in this chapter. See definitions of these terms in Article II.
A.
Lot area.
(1)
For a single-family detached dwelling with public water and public sewer service: 21,000 square feet minimum.
B.
Minimum lot depth: 150 feet.
C.
Minimum lot width: 125 feet at the minimum front yard setback line and 50 feet at the street right-of-way, except:
(1)
The minimum lot width at the minimum front yard setback line shall be increased to 150 feet if a lot area of one acre or more is required.
(2)
The minimum lot width at the right-of-way line shall be increased to 200 feet for any use with a driveway entering directly onto an arterial or connector street.
D.
Maximum lot coverage: 20% for buildings, 40% for all impervious surfaces.
E.
Minimum front yard setbacks.
(1)
Principal and accessory structures: 50 feet. For a lot approved prior to this chapter being adopted, see § 275-171B(6).
(2)
Variation. Up to 50% of the principal residential buildings may be located up to five feet forward of the front yard building setback line; provided that an equal or greater number of principal residential buildings in the same stage of construction and on the same street will be five feet or greater behind the front yard building setback line. This variation shall only be permitted if approved at the time of the approval of the subdivision plan.
F.
Minimum side yard setback.
(1)
Principal building: 20 feet for each of two side yards and a minimum total of 50 feet for the two side yards combined.
(2)
Accessory structures: 10 feet minimum for each side yard.
(3)
See Subsection J. For corner lots, see § 275-171B(3).
H.
Setback from an expressway.
(1)
Applicability. This set back applies to any building that includes a dwelling unit. The setback shall be required from the existing right-of-way line of an existing expressway or the proposed right-of-way of an expressway based upon a completed final environmental impact statement or more up-to-date official PennDOT mapping.
(2)
This set back shall be 120 feet, except that the setback shall be reduced to 60 feet if one of the following conditions are met:
(a)
Proof of lack of noise nuisance. The applicant proves to the satisfaction of the Board of Commissioners, based upon reviews by the Township Engineer and the Planning Commission, through a professional acoustical study that the average noise level at any proposed residential footprint would be less than 62 A-weighted decibels between the hours of 4:00 p.m. and 6:00 p.m. In the case of an expressway proposed on the official PennDOT plans, this shall be projected for after completion of the expressway.
(b)
Noise barrier. The applicant provides an earth berm or other acoustic barrier meeting the following standards:
[1]
The berm or barrier shall meet relevant standards of the U.S. Federal Highway Administration or the Pennsylvania Department of Transportation for an acoustic barrier.
[2]
The applicant shall prove to the satisfaction of the Board of Commissioners that the design of the barrier or berm would be compatible with a residential area.
[3]
The berm or barrier shall average six feet in height unless a professional acoustic study recommends another height.
[4]
Adequate provisions shall be made by the developer for the ownership and maintenance of the barrier or berm.
[5]
The berm or barrier shall be provided between the existing or proposed right-of-way of the expressway and the proposed location of dwellings.
[6]
Any earth berm shall be covered with an all-season ground cover that is easy to maintain.
[7]
Any berm or barrier shall be well-landscaped with evergreen trees or shrubs in compliance with a landscape plan approved by the Board of Commissioners.
[8]
Maximum side slopes of any earth berm shall be 2.5 to one.
I.
Maximum height: 3 1/2 stories or 35 feet, whichever is less.
J.
Minimum setback from industrial districts. For any new principal residential building from the zoning boundary of a GI, OB, LI or LI(P) District: 100 feet.
L.
Minimum width of dwellings. Each building containing one or more dwelling units shall have a minimum building width and a minimum building length each of 16 feet.
§ 275-35 Additional requirements.
§ 275-36 Incentives for improvement of accident-prone intersections.
A.
Intent. The intent of this section is to:
(1)
Recognize that accident-prone intersections exist in the Township, including many recognized in the Township Comprehensive Plan.
(2)
Seek a cost-effective method of realigning and widening these intersections.
(3)
Recognize that certain residentially-zoned lots along arterial streets could be suitable for limited commercial uses if the adjacent intersection would be significantly improved.
B.
Accident-prone intersection. This term is defined to mean an intersection of an arterial street with another public street where the applicant proves (using evidence from official Township Police records) that a minimum of eight accidents occurred that were reported to the Township Police and that at least three of these accidents were required to be reported to the State Police by the Township. These accidents shall be limited to those that occurred within a period of 24 consecutive months within a maximum of 36 months prior to the application. This shall include accidents at or within approximately 100 feet of the intersection.
C.
Certified improvement. This term is defined to mean an improvement to an "accident-prone intersection" that an applicant agrees to formally commit to as a condition to any granting of a conditional use. This shall only include an improvement that the Board of Commissioners determines would substantially increase the safety of vehicular traffic through that intersection. The applicant shall provide a professional traffic study to aid the Board of Commissioners in its determination. The Township Engineer also shall be requested to provide advice to the Board of Commissioners, as well as PennDOT if the improvement would involve a state street.
(1)
A certified improvement shall include the following, at a minimum:
(a)
Dedication of sufficient land to the state or Township to result in adequate right-of-way or a significant and needed realignment of an intersection. This shall not include any right-of-way dedication that would otherwise be required to be made by the applicant under Township ordinances.
(2)
This right-of-way shall be dedicated free and clear of any buildings and shall include a minimum of 1,000 square feet of land. Also to qualify, the land shall be dedicated without cost to the Township or the state.
(3)
Reversion. The dedicator of the right-of-way may limit the dedication to transportation purposes only and may reserve a right of reversion of any portion of the dedicated property used for any non-transportation purposes.
(4)
Off-site credit. The fair market value of any land dedication under this section at the time of dedication shall serve as a credit towards any cost of any off-site impact fees or required off-site improvement costs (not including review fees) that the applicant might otherwise be required to pay to the Township related to the subject property.
D.
Additional uses permitted. If an applicant agrees to formally commit to a certified improvement of an accident-prone intersection, any one of the following uses may be developed by the applicant or his/her designee on only one lot that abuts the accident-prone intersection. These uses are permitted, provided that the Board of Commissioners approves the use as a conditional use, subject to the standards for approval of a conditional use:
(1)
Office, including only one establishment, employing a maximum of 10 persons on the lot at any one moment in time, and with a maximum building floor area of 5,000 square feet; or
(2)
Retail store, including only one establishment, employing a maximum of five persons on the lot at any moment in time, and with a maximum building floor area of 8,000 square feet. The nature of the retail sales shall be approved by the Board of Commissioners as part of the conditional use, and may include different seasonal sales over different seasons.
E.
Lot and setback regulations. If a conditional use is approved under this section, all of the regulations that would normally apply to a use in the NC Neighborhood Commercial District shall apply, in place of the requirements of the residential district in which the lot is located. This specifically includes buffer yard provisions and the nonconforming provisions of § 275-176. However, the list of uses and the sign regulations of the NC District shall not apply.
F.
New hazards. The conditional use shall not be granted if the new use would worsen traffic hazards in the vicinity.
G.
Compatibility. The applicant shall show that the use would be compatible to any adjacent residential properties.
H.
Signs. The sign requirements that would otherwise apply to a special exception use in a residential district shall apply (see § 275-162).
I.
Access. Any access onto an arterial street from a commercial use permitted by this section shall be limited by signs and physical design to only right-hand turns in and out.