The soil profile evaluation determines the presence of a limiting zone ranging in depth from 20 inches to 60 inches.

The percolation rates range between three to six minutes per inch or 90 to 180 minutes per inch.

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.

The site conditions are such that they require on-lot disposal system(s) other than those listed in § 180-94A(1) above.

A connection permit or letter of service from the appropriate municipal authority or public utility; or

The appropriate permits from the Department of Environmental Protection.

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.

The natural resource restrictions herein shall apply to all uses.

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.

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.

All encroachments and disturbances necessary to establish the proposed use on the site.

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.

Floodplains shall be any area meeting one or more of the following criteria:

Floodplains shall have a protection rate of 100%. No structures, filling, piping or regrading shall be permitted within any floodplain, unless noted below.

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.

No on-lot sewage system drain field shall be located in or within 50 feet of a floodplain.

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.

The applicant shall direct development away from the floodplain and shall, wherever possible, leave those areas in their natural condition.

The site plan and supporting data shall be prepared by an engineer or geologist skilled in the field.

Nonassumption of liability.

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:

Floodplain soils shall have a protection rate of 100%. No structures, filling, piping or regrading shall be permitted within any area of floodplain soils.

Wetlands, waters of the United States, waters of the commonwealth, perennial and intermittent watercourses shall include all areas defined as such by this chapter.

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.

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.

Wetland buffers shall have a protection rate of 85%.

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.

Riparian, wetland and shoreline buffers shall have a protection rate of 85%.

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.

Lakes and ponds shall have a protection rate of 100%. No structures, filling, piping or regrading shall be permitted within any of these areas.

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.

Lake and pond buffers shall have a protection rate of 85%.

New agricultural uses in compliance with methods prescribed by Chapter 102.4(b) of Title 25 of the Pennsylvania Administrative Code.

Crossing by farm vehicles and livestock, roads, driveways, railroads, centralized sewer and/or water lines, pedestrian trails, and public utility transmission lines.

Centralized sewer and/or water lines and public utility transmission lines running along the riparian area.

(Reserved)[1]

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.

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:

Storage of any hazardous or noxious materials.

Use of fertilizers, pesticides, herbicides and/or other chemicals in excess of prescribed industry standards or the recommendation of the Northampton County Conservation District.

Motorized traffic from equipment or vehicles in any area unless associated with the following:

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).

On-lot sewage disposal, absorption or sprayfield areas.

Sod farming.

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.

Planting of non-native vegetation.

The storage or disposal of materials used for snow or ice control including sand, cinders, salt, and other deicing chemicals/materials.

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.

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.

Exceptions. These planting requirements shall not apply to existing farm fields located within a riparian area.

Revegetation plans are subject to review by the Township in accordance with the Lower Saucon Township Fee Schedule.

Steep slopes shall include areas of 3,000 square feet or greater where the slope exceeds 8%.

Steep slopes with a grade of 8% to 15% shall have a protection rate of 60%.

Steep slopes with a grade of 15% to 25% shall have a protection rate of 70%.

Steep slopes with a grade of greater than 25% shall have a protection rate of 85%.

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.

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.

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.

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.

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.

Woodlands shall have a protection rate of 80%. No more than 20% of areas of woodlands shall be cleared, thinned or regraded.

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.

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.

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.

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.

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.

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.

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.

District identification.

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:

Nonassumption of liability.

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:

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.

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.[4] This subsection regulates the following land uses, physical facilities and activities which have the potential to contaminate groundwater:

Watershed protection requirements.

General regulations.

Special watershed protection provisions.

Calculate base site area.

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.

Calculate net buildable site area.

Calculate maximum number of permitted dwelling units.

Calculate maximum permitted impervious surfaces.

Site capacity calculation summary.

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.

A luminary less than four feet above the ground may have a cone angle of 90º.

The emission of sound for the purpose of alerting persons to the existence of an emergency.

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.

Household power tools and lawnmowers between the hours of 8:00 a.m. and 9:00 p.m.

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.

Agricultural activities, including livestock.

Motor vehicles travelling on state-owned streets.

Public celebrations, specifically authorized by the Township.

Railroads.

Unamplified human voices.

Routine ringing of bells and chimes by a place of worship.

Acetone.

Ammonia.

Benzene.

Calcium carbide.

Carbon disulfide.

Celluloid.

Chlorine.

Hydrochloric acid.

Hydrocyanic acid.

Magnesium.

Nitric acid and oxides of nitrogen.

Petroleum products (gasoline, fuel oil, etc.).

Phosphorus.

Potassium.

Sodium.

Sulfur and sulfur products.

Pesticides (including insecticides, fungicides and rodenticides).

Radioactive substances, insofar as such substances are not otherwise regulated.

Chemicals such as heating oil or propane, which may be required for the normal heating and cooling of a building, and fire-suppression chemicals.

Printing supplies, photographic developing chemicals, janitorial chemicals and lawn and agricultural fertilizers in a quantity not to exceed 40 cubic feet.

Aboveground tanks for storage of fuel oil for use by the property owner for:

Noncompatible abutting land uses.

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.

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.

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.

Width.

Buffer yards shall not be required in required front yards.

The buffer yard shall be composed of an entire landscaped area with grass or ground cover and a planting screen, as defined below.

The entire buffer yard shall be attractively maintained and kept free of litter and weeds.

No portion of a structure, accessory use, vehicle parking or material storage is permitted within the buffer yard.

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.

Where other Township ordinances, or other sections of this chapter, provide conflicting regulations regarding fences, walls and hedges, the most restrictive regulations shall apply.

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.

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.

Fences shall not be permitted within a riparian buffer area except when needed for a use permitted in § 180-95B(10).

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:

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.

Salvage and storage yard sites must be completely enclosed by a sight-obscuring hedge, masonry wall or wooden fence.

Gates must open onto the owner's property.

All retaining walls are subject to the requirements of all applicable building codes, including but not limited to Township Chapter 65, Building Construction.

Fences, walls and hedges are not permitted to be erected or planted within a public or dedicated right-of-way.

Swimming pool fences and barriers shall be subject to all applicable building codes, as well as all applicable requirements of this chapter.

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.

The placement of fences, walls and hedges shall not obstruct the flow of stormwater.

Fences.

Walls.

Hedges.

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.

The Township shall not be liable for improperly located fences, walls or hedges.

The property owner is solely responsible for the continued maintenance of any fence, wall or hedge.

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.

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.

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]

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.

Storm culvert pipes are prohibited within the right-of-way unless there is no other way to access the property.

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.

All driveways shall be paved to a point 20 feet back from the right-of-way.

All driveways shall be constructed to maintain the existing roadway gutter and shall not discharge water onto the street.

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;

The free movement of normal highway traffic is not impaired;

The driveway will not create a hazard; and

The driveway will not create an area of undue traffic congestion on the highway.

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.

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.

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.

Driveways shall be located directly across from a highway, local road or access driveway on the opposite side of the roadway, where possible.

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:

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.

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.

Regardless of frontage, a development may be restricted to a single entrance/exit driveway.

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:

Parking space requirements shall be in accordance with the attached table, entitled "Lower Saucon Off-Street Parking Table."

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).

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.

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.

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.

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.

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.

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.

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.

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.

Parking lot dimensions shall be no less than those listed in the following table:

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.

Unless superseded by state law or regulations, the width of entrance and exit drives shall be:

Parking areas shall be designed to provide turnaround area so vehicles do not back onto public roads.

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.

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.

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.

All public parking lots shall provide parking space satisfying the needs of the handicapped.

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.

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]

Such alteration, reconstruction, extension or enlargement shall be permitted by special exception under the provisions of Article II, Administration.

Such alteration, reconstruction, extension or enlargement shall be only upon the same lot as in existence at the date the use became nonconforming.

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.

Traffic generation and congestion, including truck, passenger car, bicycle and pedestrian traffic.

Noise, smoke, dust, fumes, vapors, gases, heat, odor, glare or vibration.

Storage and waste disposal.

Appearance.