Upper Mount Bethel Township
City Zoning Code
City Zoning Code
ARTICLE V
Overlay District Regulations
§ 350-20 Overlay concept.
A.
Overlay concept.
(2)
Overlay districts shall be an overlay to the existing underlying zoning districts as shown on the Zoning Map. As such, the provisions of each overlay district shall serve as a supplement to the underlying zoning district provisions. Where there is any conflict between the provisions or requirements of each overlay district as set below and those of any underlying zoning district, the more restrictive provisions shall apply. A change in the underlying zoning district shall not affect the requirements of each overlay district, and whenever the overlay district is declared inapplicable to any land by administrative or judicial action, or whenever the land is otherwise deleted from the overlay district, the underlying zoning classification for the subject land shall apply without consideration of this section.
§ 350-21 General Floodplain Overlay Districts (GFP).
A.
Legislative intent. The statement of Community Development Objectives contained in § 350-5 and Attachment A[1] of this chapter are hereby expanded with respect to the General Floodplain Districts. It is hereby declared to be the intent of this section that the General Floodplain Districts shall overlay and supplement the existing or hereafter created underlying zoning districts. It is further the intent of this section to:
(1)
Combine with present zoning requirements certain restrictions made necessary for flood-prone areas to promote the general health, welfare and safety of the Township.
(2)
Prevent the erection of structures in areas unfit for human usage by reason of danger from flooding, unsanitary conditions or other hazards.
(3)
Minimize the danger to public health by protecting the quality and quantity of surface and subsurface water supplies adjacent to and underlying flood hazard areas and promoting safe and sanitary drainage.
(4)
Permit only those uses which can be appropriately located in the floodplain as herein defined and which will not impede the flow or storage of floodwaters or otherwise cause danger to life and property at, above or below their locations along the floodplain.
(5)
Protect those individuals who might choose, despite the flood dangers, to develop or occupy land on a floodplain.
(6)
Protect adjacent landowners, and those both upstream and downstream, from damages resulting from development within a floodplain and the consequent obstruction or increase in flow of floodwaters.
(7)
Protect the entire Township from individual uses of land which may have effect upon subsequent expenditures for public works and disaster relief and adversely affect the economic wellbeing of the Township.
(8)
Maintain undisturbed the ecological balance between those natural systems' elements, including wildlife, vegetation and marine life, dependent upon watercourses and water areas.
(9)
Protect other municipalities within the same watershed from the impact of improper development and the consequent increased potential for flooding.
(10)
Provide areas for the deposition of floodborne sediment.
[1]
Editor's Note: Said attachment is on file in the Township offices.
B.
General Floodplain District (GFP) requirements. The Floodplain Ordinance for Upper Mount Bethel Township was originally adopted as a separate ordinance. Those ordinance requirements clearly establish land use requirements which affect the land use provisions of this chapter in flood-prone areas. The Floodplain Ordinance is in Chapter 141, Floodplain Management, of this Code. The requirements of that ordinance, as amended, shall be considered to be an integral part of this chapter. The Floodplain Ordinance requirements are to be considered as a Zoning Overlay District which shall supplement the underlying zoning district provisions as described in § 350-20A(1) above.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 350-22 U.S. Route 611 Overlay District (Rt. 611).
A.
Legislative intent. The statement of Community Development Objectives contained in § 350-5 and Attachment A[1] of this chapter are hereby expanded with respect to the U.S. Route 611 Overlay District. It is hereby declared to be the intent of this section that the U.S. Route 611 Overlay Districts shall establish supplemental regulations to control the development of the areas abutting Route 611. It is further the intent of this section to:
(1)
Promote the orderly development of land along Route 611.
(2)
Minimize hazardous traffic flow conditions and confusion and provide for safe, understandable and convenient access to abutting uses without causing traffic flow problems.
(3)
Avoid the adverse effects of uncoordinated, lot-by-lot development on the flow of traffic by increasing the use of unified and coordinated development plans and accessways as the preferred alternative within such areas, in order to minimize and prevent unnecessary accessways and conflicting turning movements.
(4)
Provide setbacks, including space for signs and off-street parking and loading areas, to facilitate the potential widening of the road should future traffic volumes warrant such improvements.
(5)
Provide landscape requirements to enhance the appearance of Route U.S. 611.
[1]
Editor's Note: Said attachment is on file in the Township offices.
B.
District boundaries. The U.S. Route 611 Overlay District is defined and established as those areas extending a distance of 50 linear feet from the ultimate road right-of-way of U.S. Route 611. As presently defined by the Township Comprehensive Plan and Chapter 298, Subdivision and Land Development, of the Code of the Township of Upper Mount Bethel, U.S. Route 611 is an arterial street with a proposed ultimate right-of-way width of 80 feet.
C.
Development regulations. The following additional regulations shall apply for all developments in the U.S. Route 611 Overlay District:
(1)
Where required by PennDOT, a highway occupancy permit shall be required for all access roads entering Rt. 611.
(3)
For any tract developed in this district there shall be no more than two points of access to Rt. 611 from the tract to Rt. 611.
(4)
Corner tracts of land that front on two streets located within the Rt. 611 Overlay District shall not have more than one point of access onto Route 611.
(5)
Accessways shall be spaced a minimum of 100 feet apart on center on any tract in the Route 611 Overlay District. In addition, accessways shall be spaced a minimum of 100 feet on center from existing accessways on adjacent properties whenever feasible. When this is not possible, common drives shall be encouraged.
(6)
In order to minimize the number of access points onto Route 611, common drives and shared parking, in accordance with § 350-29, shall be encouraged in the Route 611 Overlay District.
(7)
The edge of any accessway for a nonresidential use shall not be located closer than 50 feet to any lot used for residential purposes.
(8)
All signs shall be in accordance with § 350-30, Signs, but in no case shall a sign be placed within 20 feet of the ultimate road right-of-way for Route 611. Signs shall be placed within the landscaped area required pursuant to § 350-33A. Sign plazas shall be encouraged to serve a group of nonresidential uses in accordance with § 350-30D(4).
(9)
Parking shall be in accordance with § 350-29, Off-street parking and loading, but in no case shall any parking occur within 20 feet of the ultimate road right-of-way for Route 611.
(10)
Landscaping shall be provided along the frontage of every tract developed pursuant to this section, except for the area devoted to accessways. An accessway may cross through this frontage area, but may not run parallel to Route 611. Landscaped areas shall extend toward the interior of the lot for a minimum distance of 20 feet from the ultimate right-of-way line. In addition to low shrubbery, ground covers and other landscaping, street trees are recommended.
(11)
Landscaping between the ultimate right-of-way line and curbline or edge of roadway shoulder shall be encouraged, recognizing that such landscaping may have to be removed in the future for roadway improvements; landscaping in this area would therefore be encouraged to represent a low financial investment and/or be capable of relocation. In all instances, landscaping shall be so installed to prevent an obstruction to vision as defined herein.
§ 350-23 Steep Slope Overlay Districts (SS).
A.
Legislative intent. The statement of Community Development Objectives contained in § 350-5 and Attachment A[1] of this chapter are hereby expanded with respect to the Steep Slope Overlay District. It is hereby declared to be the intent of this section that the Steep Slope Overlay Districts shall overlay and supplement the existing or hereafter created underlying zoning districts for the purpose of establishing supplemental regulations to control the development of areas containing steeply sloped land. It is further the intent of this section to:
(1)
Minimize soil erosion and sedimentation.
(2)
Protect watersheds and limit increases in stormwater runoff.
(3)
Protect residents of the Township from property damage and personal injury caused by runoff, erosion and land slides attributable to nearby development on steeply sloping land.
(4)
Minimize the necessity for expenditure of Township funds for corrective public works caused by soil erosion and subsidence, sedimentation, and landslides.
(5)
Maintain adequate foliage and vegetative cover on hillsides.
(6)
To protect streams from increases in sediment and pollution.
[1]
Editor's Note: Said attachment is on file in the Township offices.
B.
District boundaries. The Steep Slope Overlay District is defined and established as those areas having slopes of 15% or greater as delineated on a map(s) prepared for the owner, his agent or representatives, by qualified professionals in accordance with § 350-23G.
C.
Use regulations. The following uses shall be permitted in the Steep Slope Overlay District without the submission of an erosion and sedimentation control plan:
(1)
Areas with slopes of 15% to 25%.
(a)
Wildlife sanctuaries, woodland preserves, arboretums and passive recreation areas, including parks but excluding enclosed structures.
(b)
Game farms or hunting preserves for the protection and propagation of wildlife, but excluding enclosed structures.
(c)
Forestry and reforestation in accordance with recognized soil conservation practices, including approved erosion and sedimentation control plans.
(d)
The pasture and controlled grazing of animals in accordance with recognized soil conservation practices.
(e)
Recreational uses such as parks with such activities as hiking, bicycle and bridle trails, camps and picnic areas, but excluding enclosed structures and swimming pools.
(f)
Outdoor plant nurseries or orchards in accordance with recognized soil conservation practices.
(g)
The cultivation and harvesting of crops in accordance with recognized soil conservation practices.
(h)
Nonstructural accessory uses necessary for the operation and maintenance of the above permitted uses.
(i)
Similar uses to the above which are in compliance with the intent of this section.
D.
Special exceptions. The following uses may be permitted in the steep slope areas with slopes of 15% to 25%, by a special exception from the Zoning Hearing Board, upon the submission of an erosion and sedimentation control plan and supporting evidence as set forth in § 350-23G of this article, provided that they comply with the following:
(1)
In areas which exceed 15% but are less than 25% all of the principal and accessory uses, except swimming pools, set forth in the underlying zoning district, may be permitted by the Zoning Hearing Board as a special exception, but only when the applicant can demonstrate to the satisfaction of the Township Planning Commission and Township Engineer that the design of the structure accommodates the slope of the site and that erosion would be minimized.
(2)
Front, side and rear yards and required lot areas in the underlying zoning district(s) shall be adhered to provided that such yards or areas are not to be used for an on-site sewage disposal system, unless said system is constructed in compliance with the Act 208 amendments to Act 537, the Pennsylvania Sewage Facilities Act[2] and in accordance with § 350-34.
[2]
Editor's Note: See 35 P.S. § 750.1 et seq.
(3)
Where applicable, sealed public water supply wells are required, with the approval of the Township Engineer and the Pennsylvania Department of Environmental Protection in accordance with requirements of § 350-34.
(4)
Sanitary or storm sewers and impoundment basins are required when deemed necessary by and with the approval of the Township Engineer and the Pennsylvania Department of Environmental Protection in accordance with § 350-34, and with storm drainage requirements of Chapter 298, Subdivision and Land Development, of the Code of the Township of Upper Mount Bethel.
(5)
Underground utility transmission lines.
E.
Prohibited uses in steep slope areas. The following uses shall be prohibited within the boundaries of the Steep Slope Overlay District:
(1)
Unless otherwise approved as a special exception by the Zoning Hearing Board in the 15% to 25% slope areas, as set forth in § 350-23D, freestanding structures, buildings, retaining walls and similar permanent and temporary structures shall be prohibited.
(2)
In areas exceeding 25% slope all freestanding structures, buildings, retaining walls and similar permanent and temporary structures shall be prohibited, except for Township-approved recreation and hiking trails or other municipal, county or federal facilities compatible with the nature of the terrain and the steep slopes on which they are to be located.
(3)
Roads, access driveways and parking facilities, unless no alternative alignment or location is available, as set forth in § 350-23D(6) of this article.
(4)
The filling or removal of topsoil, except when related to an activity approved by special exception, as set forth in § 350-23D of this article.
(5)
Swimming pools.
(6)
Dumps, junkyards or other outdoor storage of vehicles and materials.
F.
Development regulations. In the Steep Slope Overlay District, the following land use and development regulations shall apply:
(1)
On those lands having a slope of 15% or more, only those uses permitted in § 350-23C of this article shall be permitted. Furthermore, all applications for development by special exception on said areas, as permitted in § 350-23D of this article, shall be accompanied by an erosion and sedimentation control plan. The plan shall comply with the erosion and sedimentation control practices set forth in the Soil Erosion and Sediment Control Manual of the Pennsylvania Department of Environmental Resources, 1974, as amended, and by other recognized conservation practices approved by the Zoning Hearing Board.
(2)
In evaluating the proposed development plan, the erosion and sedimentation control plan and any additional information submitted by the applicant in support of the application, the Township Planning Commission, the Township Engineer and the Zoning Hearing Board, where appropriate, shall consider the following factors:
(a)
The percent of slope on the site.
(b)
The extent and proposed disturbance of the existing vegetative cover on the site.
(c)
The soil types and underlying geology of the site.
(d)
The length or extent of the slope both on the site in question and on adjacent lands within 200 feet of the site.
(e)
Evidence that the proposed development, any impervious cover and the resultant disturbance to the land and existing vegetative cover will not cause excessive runoff and/or related environmental problems.
G.
Application procedure for steep slope areas. For any use of land in the Steep Slope Overlay District, excepting uses existing as of the date of enactment of this chapter, an application for a steep slope use permit shall be filed with the Zoning Officer who shall make an initial determination on the application.
(2)
Any application concerning a use permitted by special exception in § 350-23D shall be accompanied by a plan certified by a registered professional engineer which accurately locates the proposed use with respect to the existing development within 200 feet of the proposed use, together with all pertinent information such as the nature of the proposal, legal description of the property, topographical elevations in two-foot intervals and sedimentation and erosion control measures required by the provisions of this section.
(3)
The following additional information as deemed necessary by either the Zoning Officer or the Zoning Hearing Board shall be submitted for the evaluation of the impact of the proposed use:
(a)
A plan surface view showing elevations or contours of the ground, pertinent structure, grading or fill elevations, the size, location and spatial arrangements of all proposed and existing structures on the site; the location and elevations of streets; the water supply and sanitary facilities; soil types; existing vegetation; and other pertinent information.
(b)
Topographic surveys showing the contours of the property in two-foot intervals, as well as typical tract cross-sections at a scale of one inch to 100 feet or greater as deemed appropriate by the Township Engineer. In addition, typical tract cross-sections at a vertical and horizontal scale deemed appropriate by the Township Engineer.
(c)
Specifications for building construction and materials including filling, grading, the storage of materials, the water supply and sanitary facilities.
(d)
Proposed modifications to the existing topography and vegetative cover, as well as the means of accommodating stormwater runoff and preventing erosion.
(e)
Any additional engineering and conservation techniques designed to alleviate environmental problems created by the proposed development activities.
H.
Procedures for special exception uses. All applications for approval by special exception shall be considered in accordance with the following procedures:
(1)
The Zoning Hearing Board shall hold a public hearing, giving public notice in accordance with § 350-43A.
(2)
The Zoning Hearing Board shall request the review and recommendations by the Natural Resources Conservation Service, United States Department of Agriculture, and the Office of the Northampton County Natural Resource Conservation Service, at least 30 days prior to the public hearing.
(3)
The Zoning Hearing Board shall request, at least 30 days prior to the public hearing, the review and recommendations of the Upper Mount Bethel Township Planning Commission, the Township Environmental Advisory Council, the Township Engineer, and appropriate watershed associations or other planning agencies, to assist in determining the environmental impact of the proposed use(s).
(4)
In rendering a decision, the Zoning Hearing Board may impose special measures or conditions as deemed reasonably necessary and appropriate for the proposed use(s) to conform with the intent of this section.
I.
Standards for special exception uses. In considering a use as a special exception, the Zoning Hearing Board, prior to approval, shall consider the following:
(1)
The relationship of the proposed use to the specific objectives and standards set forth in § 350-23.
(2)
Abutting property shall not be adversely affected by possible runoff or erosion from the proposed use.
(3)
The general welfare, safety and public interest of Upper Mount Bethel Township or adjacent municipalities shall not be adversely affected.
(4)
Any structures permitted by special exception shall provide evidence that:
(a)
Proposed buildings or structures are of sound engineering design and that footings are designed to extend to stable soil and/or bedrock.
(b)
Proposed vehicular facilities, including road, drives and/or parking areas, shall be so designed that land clearing and/or grading will not cause accelerated erosion. Both vertical and horizontal alignments of vehicular facilities shall be so designed that hazardous circulation conditions shall not be created.
(c)
Proposed on-site sewage disposal facilities shall be properly designed and installed in conformance with all pertinent health regulations and PADEP requirements.
(d)
Proposed nonagricultural displacement of soil shall be for causes consistent with the intent of this section and shall be executed in a manner that will not cause excessive erosion or other unstable conditions.
(e)
Surface runoff of water will not create unstable conditions, including erosion, and that appropriate stormwater drainage facilities or systems will be constructed as deemed necessary.
J.
Nonconforming uses or structures. Following the adoption of this section, any use or structure which is situated within those areas of the Township having slopes exceeding 15% and which does not conform to the permitted uses specified by § 350-23C or D of this section shall become a nonconforming use or structure, regardless of its conformance to the district in which it is located without consideration of this section. The expansion or continuance of said nonconforming use or structure shall be governed by the requirements of § 350-28. However, the Zoning Hearing Board shall also ensure that the standards contained in § 350-23E of this section are applied to the expansion or continuance of said nonconforming use or structure.
K.
Certificate of compliance. No vacant land shall be occupied or used and no building hereafter erected or altered and no steep slope areas shall be occupied until a certificate of compliance has been issued by the Zoning Officer. The Zoning Officer shall request the applicant to submit a certification by a registered professional engineer or land surveyor that the construction of said building and any necessary grading or filling were accomplished in compliance with the provisions of this chapter. The Zoning Officer shall, within 10 days after receipt of such certification from the applicant, issue a certification of compliance only if the building or premises and the proposed use thereof conform with all requirements of § 350-23.
L.
Municipal liability. The granting of a zoning permit or approval of a subdivision or land development plan on or near the Steep Slope District shall not constitute a representation, guarantee or warranty of any kind by the Township of Upper Mount Bethel or by any official or employee thereof of the practicability or safety of the proposed use and shall create no liability upon Upper Mount Bethel Township, its officials or employees. The degree of erosion and sediment control protection intended to be provided by this section is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. This section does not imply that areas outside the Steep Slope District boundaries or of land uses permitted within said District will always be totally free from the adverse effects of erosion.
§ 350-24 Conservation Design Overlay Districts (CD).
[Added 3-30-2009 by Ord. No. 2009-04]
A.
Legislative intent and purpose. The statement of Community Development Objectives contained in § 350-5 and Attachment A[1] of this chapter are hereby expanded with respect to the Conservation Design Overlay Districts. It is hereby declared to be the intent of this article that the Conservation Design Overlay Districts shall overlay and supplement the existing OSC, A-1 (A/RR), R-1 (NR), and VCR-1 (VC/R) Districts or hereafter created underlying zoning districts for the purpose of establishing regulations to promote open space or greenway preservation and to control development in these areas. It is further the intent of this article to:
(1)
Promote orderly future growth and development of the Township.
(2)
Promote protection and promotion of safety health, welfare, convenience, economy and protection of the environment.
(3)
Promote and comply, wherever possible, with the statement of goals and objectives as found in the Township's Comprehensive Plan, April 2001.
(4)
Reduce foreseeable maintenance and improvement problems for public improvements.
(5)
Regulate the subdivision and/or development of land in potential conservation land areas or in other constrained areas, including without limitation, floodplains and steep slopes in order to promote the general health, welfare, and safety of the community.
(6)
Require that each subdivision or land development be provided with a safe building site with adequate access.
(7)
Protect individuals from buying lands which are unsuitable for use by prohibiting improper subdivision and/or land development.
(8)
Utilize and promote the natural resource maps (Maps 1 through 8,) contained in the Comprehensive Plan (July 9, 2001) in evaluating the suitability of proposed subdivision developments to the greatest extent possible.
(9)
Utilize and promote conservation design principles, as set forth herein, to the maximum extent possible, in the approval of subdivision and land development applications.
(10)
Promote the conservation of open space or greenways and the protection of natural resources to the maximum extent possible, in the approval of subdivision and land development applications.
(11)
Promote the preservation and enhancement of interconnected networks of open space or greenways, and to promote the establishment of substantial buffer zones along the boundaries of existing protected or conserved lands, in connection with the approval of subdivision and land development applications.
(12)
Utilize and promote the restoration or rehabilitation of degraded lands or resources by means of land management practices, in connection with the creation of open space or greenways as part of the subdivision development approval process.
(13)
Conserve open land or greenways, including those areas containing unique and sensitive natural resources such as woodlands, steep slopes, streams, floodplains, and wetlands, by setting them aside from development.
(14)
Provide greater design flexibility and efficiency in the siting of services and infrastructure, including the opportunity to reduce length of roads, utilities, and the amount of paving and impervious surface required for residential development.
(15)
Reduce erosion and sedimentation through the retention of existing vegetation, the minimization of development on steep slopes, and the reduction of earth disturbance.
(16)
Implement the policies of the Upper Mount Bethel Township Open Space, Recreation, and Environmental Resources Plan (1993) to protect environmentally sensitive areas, address recreation and open space or greenway corridor needs, and to preserve the Township's historic, scenic and rural character.
(17)
Provide development options for landowners which minimize impacts on sensitive environmental resources, reduce disturbance of historical, natural and cultural features, and conserve scenic views.
(18)
Provide flexible standards for addressing varying circumstances and interests of individual landowners and the unique characteristics of their properties.
(19)
Provide opportunities for stormwater and wastewater management facilities which promote groundwater recharge.
(20)
Provide opportunities for the development of open space or greenway corridors which are linked to other open space or greenways in the community.
[1]
Editor's Note: Said attachment is on file in the Township offices.
B.
Overview of conservation design options. In order to achieve the purposes set forth in § 350-24A, this overlay district provides for design flexibility in major residential subdivision developments, by allowing, as of right, the following design options in the OSC (Open Space Conservation), A-1 (A/RR Agricultural/Rural Residential), R-1 (NR Neighborhood Residential), and VCR-1 (VC/R Village Commercial/Residential) districts.
(1)
OSC District.
(a)
Conservation design basic option. Conservation design providing for Use Class 3 (single-family residential uses) with at least 50% greenway space in flexibly designed layouts. See Schedule CD-2 for area, bulk and density requirements.[2]
(b)
Conservation design estate lots option. Conservation design providing for Use Class 3 (single-family residential uses) with density of one dwelling per seven acres (of gross tract acreage) with no greenway land required. See Schedule CD-2 for area, bulk and density requirements.[3]
[3]
Editor's Note: Said schedule is on file in the Township offices.
(c)
Conservation design country properties option. Conservation design providing for Use Class 3 (single-family residential uses) with density of one dwelling per 12 acres gross, with no greenway land required. See Schedule CD-2 for area, bulk and density requirements.
(2)
A-1 District.
(a)
Conservation design basic option. Conservation design providing for Use Class 3 (single-family residential uses) with at least 50% greenway space in flexibly designed layouts. See Schedule CD-2 for area, bulk and density requirements.[4]
[4]
Editor's Note: Said schedule is on file in the Township offices.
(b)
Conservation design enhanced conservation and density option. Conservation design providing for Use Class 3 (single-family residential uses) with at least 60% greenway space in flexibly designed layouts; provided, however, that this option shall only be available in tracts located in both an A-1 District and in Future Growth Areas, the latter as defined by Map No. 9 in the Comprehensive Plan 2000 - 2020, adopted July 9, 2001. See Schedule CD-2 for area, bulk and density requirements.
(c)
Conservation design estate lots option. Conservation design providing for Use Class 3 (single-family residential uses) with density of one dwelling per 174,240 square feet (gross tract acreage), with no greenway space required. See Schedule CD-2 for area, bulk and density requirements.
(d)
Conservation design country properties option. Conservation design providing for use class 3 (single family residential uses) with density of one dwelling per 10 acres (gross tract acreage), with no greenway space required. See Schedule CD-2 for area, bulk and density requirements.
(3)
R-1 District.
(a)
Conservation design basic option. Conservation design providing for Use Class 3 (single-family residential uses) with at least 50% greenway space in flexibly designed layouts. See Schedule CD-2 for area, bulk and density requirements.
(b)
Conservation design enhanced conservation and density option. Conservation design providing for Use Class 3 (single-family residential uses) with at least 60% greenway space in flexibly designed layouts; provided, however, that this option shall only be available in tracts located in both an R-1 District and in a Future Growth Area, the latter as defined by Map No. 9 in the Comprehensive Plan 2000 - 2020, adopted July 9, 2001. See Schedule CD-2 for area, bulk and density requirements.
(c)
Conservation design estate lots option. Conservation design providing for Use Class 3 (single-family residential uses) with density of one dwelling per 130,680 square feet (gross tract acreage), with no greenway space required. See Schedule CD-2 for area, bulk and density requirements.
(d)
Conservation design country properties option. Conservation design providing for Use Class 3 (single-family residential uses) with density of one dwelling per 217,800 square feet (gross tract acreage), with no greenway space required. See Schedule CD-2 for area, bulk and density requirements.
(4)
VCR-1 District.
(a)
Conservation design basic option. Conservation design providing for Use Class 3 (single-family residential uses) and Class 4 (two-family residential use) with at least 50% greenway space in flexibly designed layouts. See Schedule CD-2 for area, bulk and density requirements.
(b)
Conservation design enhanced conservation and density option. Conservation design providing for Use Class 3 (single-family residential uses) and Class 4 (two-family residential uses) with at least 60% greenway space in flexibly designed layouts. See Schedule CD-2 for area, bulk and density requirements.
(c)
Conservation design estate lots option. This option is not available in this district.
(d)
Conservation design country properties option. This option is not available in this district.
C.
Applicable underlying zoning districts. In order to achieve the purposes set forth in § 350-24A, this overlay district shall be applicable to the designated OSC (Open Space Conservation), A-1 (A/RR Agricultural/Rural Residential), R-1 (NR Neighborhood Residential) and VCR-1 (VCR Village Commercial/Residential) districts.
D.
Use regulations. All uses permitted in the underlying zoning districts shall be permitted in the Conservation Design Overlay District.
E.
Development regulations. In the Conservation Design Overlay District, the applicable development regulations shall be as set forth in Chapter 298, Subdivision and Land Development, of the Code of the Township of Upper Mount Bethel, as amended, November 11, 2003, in the sections pertaining to conservation design standards and requirements.[5]
F.
Conditional use. The conventional development designs authorized in the underlying zoning districts to which this Conservation Design Overlay District is applicable may be approved as a conditional use by the Board of Supervisors, provided that the applicant demonstrates by a preponderance of the evidence that the proposed conventional design is as protective of natural, scenic, and historic resources as the conservation design basic option design would be if the conventional development design were applied to the proposed development tract.
G.
General regulations. The design of all new subdivisions in the Conservation Design Overlay District shall be governed by the following minimum standards:
(1)
Ownership. The tract of land may be held in single and separate ownership or in multiple ownership. However, when a tract is held in multiple ownership, it shall be planned as a single entity with common authority and common responsibility.
(2)
Site suitability. As evidenced by the existing resources/site analysis plan, the preliminary subdivision plan, and the final subdivision plan, the tract incorporating this design option shall be suitable for supporting development in terms of environmental conditions, its size, and configuration.
(3)
Combining the design options. The various layout and density options described in this section may be combined at the discretion of the Board based upon demonstration by the applicant that such a combination would better fulfill the intent of this chapter, in particular the stated purposes of this section, as compared with applying a single option to the property.
(4)
Intersections and access. New intersections with existing public roads shall be minimized to the extent possible, consistent with good safety and traffic management principles.
(5)
Sensitive area disturbance or modification. The proposed design shall strictly minimize disturbance or modification of environmentally sensitive areas, as shown on the existing resources and site analysis plan. Lands comprising critical habitat areas for endangered species, wetlands, lands within the 100-year floodplain or having slopes in excess of 25%, and rock outcroppings constitute, but are not limited to, environmentally sensitive areas, where disturbance shall be strictly minimized. Demonstration by the applicant that these features will be protected by the proposed application shall be prerequisite to approval of both the preliminary subdivision plan and the final subdivision plan.
(6)
Community wastewater disposal or sewer systems. In subdivisions and developments which are proposed to be served by community wastewater disposal or sewer systems, the selection of wastewater treatment techniques shall be based on the municipality's Official Sewage Facilities Plan.
H.
Minimum tract size, subdivision type, use applicability, and accessory uses.
(1)
The requirements of the Conservation Design Overlay District shall be applicable to major subdivisions, as defined in Chapter 298, Subdivision and Land Development.
(2)
The requirements of the Conservation Design Overlay District shall be applicable to any residential dwelling type which is permitted in the underlying zoning district.
(3)
Accessory dwelling units ("ADUs"). In addition to the accessory uses permitted in the applicable underlying zoning district, ADUs, including elder cottages and tenant houses, proposed in the conservation design country property option, are subject to the following provisions:
(a)
Accessory dwelling units in principal residences or in new traditional outbuildings (such as barns, stables, carriage houses, and spring houses) shall be designed to harmonize with vernacular rural buildings in the municipality's historic landscape.
(b)
There shall be a maximum of one accessory dwelling unit (ADU) on any legal building lot in a subdivision, and a maximum of two accessory dwelling units (ADUs) on any legal building lot containing 10 or more acres in a subdivision, provided all performance standards of this chapter are met.
(c)
The gross floor area in the first ADU shall not exceed 900 square feet. In the second ADU, where permitted, the maximum area shall be 750 square feet. However, on lots exceeding 15 acres, the second ADU may take the form of a tenant house containing up to 2,000 square feet of floor space. Under this section, existing historic accessory buildings more than 75 years old that exceed these floor space limits may be permitted by the Board to be used as ADUs without having to meet the dimensional setback requirements of this chapter.
(d)
Building permits for ADUs shall not be issued until the applicant demonstrates to the Board that a restrictive easement, enforceable by the Township, has been placed on the subject property prohibiting future enlargement of the ADUs, or the creation of additional ADUs beyond the limits described above. Issuance of permits for ADUs shall be contingent upon County Health Department (or equivalent) approval for any on-site wastewater or sewage disposal systems needed.
I.
Density factors and dimensional standards.
(1)
Standards for conservation design basic option.
(a)
Density factor. One dwelling unit shall be permitted for the required area in the applicable district as shown in the Schedule CD-2,[6] as calculated through the adjusted tract acreage ("ATA") method or the yield plan method as described in § 350-24J.
[6]
Editor's Note: Said schedule is on file in the Township offices.
(b)
Minimum required greenway corridor space. The subdivision must include as greenway corridor space at least 50% of the adjusted tract acreage (plus all of the constrained land calculated or identified in § 350-24J as greenway corridor space).
(c)
Dimensional standards. The dimensional standards set forth in Schedule CD-2 shall apply.
(2)
Standards for conservation design enhanced conservation and density option.
(a)
Density factor. One dwelling unit shall be permitted for the required area in the applicable district as shown in the Schedule CD-2,[7] as calculated through the adjusted tract acreage method or the yield plan method as described in § 350-24J.
[7]
Editor's Note: Said schedule is on file in the Township offices.
(b)
Minimum required greenway corridor space. The subdivision must include as greenway corridor space at least 60% of the adjusted tract acreage (which shall include all of the constrained land calculated in § 350-24J as greenway corridor space).
(c)
Dimensional standards. The dimensional standards in Schedule CD-2 shall apply.
(3)
Standards for conservation design estate lots option.
(a)
Density factor. One dwelling unit shall be permitted for the required area in the applicable district as shown in the Schedule CD-2,[8] as calculated through the adjusted tract acreage method or the yield plan method as described in § 350-24J.
[8]
Editor's Note: Said schedule is on file in the Township offices.
(b)
Minimum required greenway corridor space. No greenway corridor space is required.
(c)
Dimensional standards. The dimensional standards in Schedule CD-2 shall apply.
(4)
Standards for conservation design country property option.
(a)
Density factor. One dwelling unit shall be permitted for the required area in the applicable district as shown in the Schedule CD-2,[9] as calculated through the adjusted tract acreage method, or the yield plan method as described in § 350-24J.
[9]
Editor's Note: Said schedule is on file in the Township offices.
(b)
Minimum required greenway corridor space. No greenway corridor space is required.
(c)
Dimensional standards. The dimensional standards in Schedule CD-2 shall apply.
J.
Density determination for conservation design basic option and for conservation design enhanced conservation and density option. Applicants shall have the choice of two methods of determining the maximum permitted residential building density on their properties. They are as follows:
(1)
Adjusted tract acreage approach. Determination of the maximum number of permitted dwelling units on any given property shall be based upon the adjusted tract acreage of the site. The adjusted tract acreage shall be determined by multiplying the acreage classified as being in the categories of constrained land (described below) by the numerical factor for that category of constrained land ("constraint factor"), then summing all factored constrained land areas, and then deducting the total from the gross tract area.
(a)
The following categories of constrained land shall be deducted from the gross (total) tract area according to the acreage derived by use of the referenced numerical factor:
[1]
Rights-of-way. Multiply the acreage of land within the rights-of-way of existing public streets or highways or within the rights-of-way for existing or proposed overhead rights-of-way of utility lines (not including lot line easement) or any other rights-of-way by 1.0.
[2]
Private Streets. Multiply the acreage of land under existing private streets by 1.0.
[3]
Stormwater management easements and facilities (includes existing and proposed detention and retention easements and easements containing stormwater management structures). Multiply the acreage of land within the easement or facility acreage by 1.0.
[4]
Wetlands. Multiply the acreage of designated wetlands by 1.0.
[5]
Floodway. Multiply the acreage within the floodway by 1.0.
[6]
Floodplain (limited development in a floodplain may be permitted under the Chapter 141, Floodplain Management, subject to conditional approval by the Supervisors, and in accordance with applicable PADEP requirements). Multiply the nonwetland portion of the 100-year floodplain by 1.0.
[7]
Ponds, lakes and streams. Multiply the acreage of ponds, lakes and streams by 1.0.
[8]
Seasonal high-water table (zero feet to 3.5 feet below surface). Multiply the acreage by 0.60 in developments with on-lot sewage and drinking water; developments utilizing central or public sewer or drinking water in seasonal high-water table terrain are not considered constrained.
[9]
Shallow depth to bedrock (zero feet to 3.5 feet below surface). Multiply the acreage by 0.60 in developments with on-lot sewage and drinking water, developments utilizing central or public sewer or drinking water in shallow depth to bedrock terrain are not considered constrained, and terrain where the depth to bedrock exceeds 3.5 feet are not considered constrained.
[10]
Steep slopes. Multiply the acreage of land with natural ground slopes exceeding 25% by 0.75. Also, see § 350-23, Steep Slope Overlay Districts (SS), for additional requirements, and please note that development in steep slope areas must comply with other applicable environmental requirements set forth in this chapter.
[11]
Moderately steep slopes. Multiply the acreage of land with natural ground slopes of between 15% and 25% by 0.67. Also, see § 350-23, Steep Slope Overlay Districts (SS), for additional requirements, and please note that development in steep slope areas must comply with other applicable environmental requirements set forth in this chapter.
(b)
If a portion of the tract is affected by more than one type of constraint which requires a deduction from the total tract acreage, then that portion shall be subject to the most restrictive constraint factor deduction only.
(c)
Since acreage that is contained within the public or private rights-of-way, access easements or access strips are excluded from useable lot area, any portion of these acreages that also contains a constraint which requires a deduction from the total tract acreage shall not be included when calculating the adjusted tract acreage.
(d)
Determine adjusted tract area (ATA). Adjusted tract area equals the gross tract area minus the constrained land.
a. | Gross tract area | __________ acres |
b. | Minus constrained land (from Subsection J(1)(a)[1] through [11], above). | - __________ acres |
c. | Equals adjusted tract area (ATA) | = __________ acres ATA |
(e)
Maximum number of dwelling units. In conservation design basic option and conservation design enhanced density and conservation option, the maximum number of dwelling units equals the adjusted tract area (ATA) divided by the applicable density factor set forth in Schedule CD-2.[10]
a. | Adjusted tract area [from (d) above, converted to square feet] | __________ sq. ft. |
b. | Divided by density factor (from Schedule CD-2) | + __________ |
c. | Equals maximum number of dwelling units | = __________ DUs |
[10]
Editor's Note: Said schedule is on file in the Township offices.
(2)
Yield plan approach. Determination of density, or maximum number of permitted dwelling units for the subject tract, shall be based upon a dwelling unit yield plan. Yield plans shall meet the following requirements:
(a)
SALDO requirements. Yield plans must be prepared in accordance with the standards of Chapter 298, Subdivision and Land Development, as amended, applicable to the underlying zoning district, containing proposed lots, streets, rights-of-way, and other pertinent features. Although it must be drawn to scale, it need not be based on a field survey. However, it must be a realistic development layout reflecting a development pattern that could reasonably be expected to be implemented, taking into account the presence of wetlands, floodplain, steep slopes, existing easements or encumbrances and the like and, if unsewered, the suitability of soils for subsurface sewage disposal.
(b)
Zoning requirements. Yield plans must utilize the zoning requirements, including without limitation the area, bulk and density standards applicable in the underlying zoning district.
K.
Greenway corridor space use and design. Greenway corridor space in subdivisions and land developments shall meet the following standards:
(1)
Uses permitted on greenway corridor space. The following uses are permitted in conservation greenway corridor space areas:
(a)
Conservation of open land in its natural state (for example, woodland, fallow field, or managed meadow).
(b)
Agricultural and horticultural uses, including raising crops or livestock, wholesale nurseries, associated buildings, excluding residences that are specifically needed to support an active, viable agricultural or horticultural operation. Specifically excluded are commercial livestock operations involving swine, poultry, mink, and other animals likely to produce malodors.
(c)
Pasture land for horses used solely for recreational purposes. Equestrian facilities shall be permitted but may not consume more than half of the minimum required conservation greenway corridor space.
(d)
Silviculture, including woodlots and arboreta, in keeping with established standards for selective harvesting and sustained-yield forestry.
(e)
Neighborhood greenway corridor space uses such as village greens, commons, picnic areas, community gardens, trails, and similar low-impact passive recreational uses specifically excluding motorized off-road vehicles, rifle ranges, and other uses similar in character and potential impact as determined by the Township.
(f)
Active noncommercial recreation areas, such as playing fields, playgrounds, courts, and bikeways, provided such areas do not consume more than half of the minimum required conservation greenway corridor space or five acres, whichever is less.
(g)
Golf courses may comprise up to half of the minimum required conservation greenway corridor space, but shall not include driving ranges or miniature golf. Their parking areas and any associated structures shall not be included within the minimum conservation greenway corridor space requirement; their parking and accessways may be paved and lighted.
(h)
Water supply and sewage disposal systems and stormwater detention areas designed, landscaped, and available for use as an integral part of the conservation greenway corridor space; however, area where water treatment plants and storage tanks, central sewage treatment plants and lagoons are located, and a fifty-foot buffer around such facilities shall not be counted towards the minimum conservation greenway corridor space requirement.
(i)
Easements for drainage, access, sewer or water lines, or other public purposes.
(j)
Underground utility rights-of-way. Aboveground utility and street rights-of-way may traverse conservation areas but shall not count toward the minimum required conservation greenway corridor space.
(2)
Greenway corridor space design standards.
(a)
Greenway corridor space shall be designed in accordance with the applicable standards contained in Chapter 298, Subdivision and Land Development.
(b)
Greenway corridor space shall be laid out in general accordance with the Township's Map of Potential Conservation Lands to ensure, to the maximum extent possible, that an interconnected network of greenway corridor space will be provided. The required greenway corridor space consists of a mixture of primary conservation areas, all of which must be included, and secondary conservation areas. Primary conservation areas comprise those areas listed in § 350-24J as being subtracted from the total parcel acreage to produce the adjusted tract acreage. Secondary conservation areas include special features of the property and such features are listed in Chapter 298, Subdivision and Land Development, of the Code of the Township of Upper Mount Bethel.
L.
Design standards for conservation design basic option, and conservation design enhanced conservation and density option.
(1)
House lots shall not encroach upon primary conservation areas as identified in § 298-9 of Chapter 298, Subdivision and Land Development, and their layout shall respect secondary conservation areas as described or identified in both the Zoning Ordinance and in Chapter 298, Subdivision and Land Development.
(2)
All new dwellings on the subject tract shall meet the following setback requirements:
(a)
From all external road ultimate right-of-way: 100 feet.
(b)
From all other tract boundaries: 50 feet.
(c)
From cropland or pasture land: 100 feet.
(d)
From buildings or barnyards housing livestock: 300 feet.
(e)
From active recreation areas such as courts or playing fields (not including tot-lots): 150 feet.
(3)
Views of house lots from exterior roads and abutting properties shall be minimized by the use of changes in topography, existing vegetation, or additional landscaping which meets the landscaping requirements of Chapter 298, Subdivision and Land Development.
(4)
House lots shall generally be accessed from interior streets, rather than from roads bordering the tract.
(5)
At least three-quarters of the lots shall directly abut or face greenway land across a street.
M.
Greenway design standards. Protected greenway land in all subdivisions shall meet the following standards:
(1)
Greenway corridor lands shall be laid out in general accordance with the municipality's Map of Potential Conservation Lands (in the Comprehensive Plan) to ensure that an interconnected network of open space or greenway space will be provided. The required greenway land consists of a mixture of primary conservation areas (PCAs), all of which must be included, and secondary conservation areas (SCAs). PCAs comprise floodplains, wetlands, and slopes over 25%. SCAs should include special features of the property that would ordinarily be overlooked or ignored during the design process. Examples of such features are listed and described in § 298-28 (Greenway Design Review Standards) in Chapter 298, Subdivision and Land Development.
(2)
In Option 1 and 2 subdivisions, the greenway land comprises a minimum of 50% and 60% of the adjusted tract area respectively. This land shall generally remain undivided and may be owned and maintained by a homeowners' association, land trust, another conservation organization recognized by the municipality, or by a private individual (typically as part of the original farmhouse). However, in no case shall less than 30% of the land comprising the adjusted tract area be available for the common use and passive enjoyment of the subdivision residents. These ownership options may be combined so that different parts of the greenway land may be owned by different entities.
(3)
In Option 3 subdivisions, the required greenway land comprises all of the PCAs within the total tract, and may lie within the estate lots. However, because the minimum lot size is one acre, up to 80% of the secondary conservation land may be included within undivided greenway space, if the developer so chooses.
(4)
Greenway lands in Option 4 developments may be contained within the country property lots, or up to 80% may be set aside as undivided land with common rights of usage among the subdivision residents.
(5)
Up to 5% of the total tract acreage in any of the options may be subject to the municipality's public land dedication requirement (typically to provide potential connections with the municipal long-range trail network).
(6)
Buffers for adjacent public parkland. Where the proposed development adjoins public parkland, a natural greenway buffer at least 150 feet deep shall be provided within the development along its common boundary with the parkland, within which no new structures shall be constructed, nor shall any clearing of trees or understory growth be permitted (except as may be necessary for street or trail construction). Where this buffer is unwooded, the Board may require vegetative screening to be planted, or that it be managed to encourage natural forest succession through "no-mow" policies and the periodic removal of invasive alien plant and tree species.
(7)
Other requirements.
(a)
No portion of any building lot may be used for meeting the minimum required greenway land, except as permitted within country properties. However, active agricultural land with farm buildings, excluding areas used for residences, may be used to meet the minimum required greenway land.
(b)
Pedestrian and maintenance access, excluding those lands used for agricultural or horticultural purposes in accordance with § 350-24K herein, shall be provided to greenway land in accordance with the following requirements:
N.
Permanent greenway protection through conservation easements.
(1)
In the conservation design basic option, the conservation design enhanced conservation and density option, and in the conservation design estate lots option subdivisions:
(a)
The required greenway land shall be subject to permanent conservation easements prohibiting future development and defining the range of permitted activities. (For example, the clearing of woodland habitat shall generally be prohibited, except as necessary to create trails, active recreation facilities, and to install subsurface septic disposal systems or spray irrigation facilities.) The determination of necessity shall lie with the Board. A list of permitted uses of greenway lands is contained in this article in § 350-24K.
(2)
In conservation design country property option subdivisions:
(a)
In cases where applicants voluntarily opt to develop their properties at densities conforming with applicable standards and offer to place a restrictive conservation easement preventing future subdivision of the newly created parcels, the Board shall review the proposed easements and shall accept them, provided their wording accomplishes the purposes of this chapter and is consistent with the Comprehensive Plan and the Open Space Plan.
O.
Ownership and maintenance of greenway land and common facilities.
(1)
Development restrictions. All greenway land shall be permanently restricted from future subdivision and development. Under no circumstances shall any development be permitted in the greenway space at any time, except for those uses listed in § 350-24K.
(2)
Ownership options. The following methods may be used, either individually or in combination, to own common facilities. Common facilities shall not be transferred to another entity except for transfer to another method of ownership permitted under this section, and then only when there is no change in the common facilities or in the greenway space ratio of the overall development. Ownership methods shall conform to the following:
(b)
Condominium association. Common facilities may be controlled through the use of condominium agreements. Such agreements shall be in accordance with relevant state law. All open land and common facilities shall be held as "common element."
(c)
Homeowners' association. Common facilities may be held in common ownership by a homeowners' association, subject to all of the provisions for homeowners' associations set forth in state regulations and statutes. In addition, the following regulations shall be met:
[1]
The applicant shall provide the municipality a description of the organization of the proposed association, including its bylaws, and all documents governing ownership, maintenance, and use restrictions for common facilities;
[2]
The proposed association shall be established by the owner or applicant and shall be operating (with financial subsidization by the owner or applicant, if necessary) before the sale of any dwelling units in the development;
[3]
Membership in the association shall be automatic (mandatory) for all purchasers of dwelling units or real property therein and their successors in title;
[4]
The association shall be responsible for maintenance and insurance of common facilities;
[5]
The bylaws shall confer legal authority on the association to place a lien on the real property of any member who falls delinquent is his dues. Such dues shall be paid with the accrued interest before the lien may be lifted;
[6]
Written notice of any proposed transfer of common facilities by the association or the assumption of maintenance for common facilities must be given to all members of the association and to the municipality no less than 30 days prior to such event; and
[7]
The association shall have adequate staff to administer, maintain, and operate such common facilities.
(d)
Private conservation organization or the county. With permission of the municipality, an owner may transfer either fee simple title of the greenway space or easements on the greenway space to a private nonprofit conservation organization or to the county provided that:
[1]
The conservation organization is acceptable to the municipality and is a bona fide conservation organization intended to exist indefinitely;
[2]
The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization or Northampton County becomes unwilling or unable to continue carrying out its functions;
[3]
The greenway land is permanently restricted from future development through a conservation easement and the municipality is given the ability to enforce these restrictions; and
[4]
A maintenance agreement acceptable to the municipality is established between the owner and the organization or Northampton County.
(e)
Dedication of easements to the municipality. The municipality may, but shall not be required to, accept easements for public use of any portion of the common land or facilities. In such cases, the facility remains in the ownership of the condominium association, homeowners' association, or private conservation organization while those easements are held by the municipality. In addition, the following regulations shall apply:
(f)
Noncommon private ownership. Up to 80% of the required greenway land may be included within one or more large "conservancy lots" of at least 10 acres, provided the greenway space is permanently restricted from future development through a conservation easement, except for those uses listed in § 350-24K, and that the municipality is given the ability to enforce these restrictions.
(3)
Maintenance.
(a)
Unless otherwise agreed to by the Board, the cost and responsibility of maintaining common facilities and greenway land shall be borne by the property owner, condominium association, homeowners' association, or conservation organization.
(b)
The applicant shall, at the time of preliminary plan submission, provide a plan for maintenance of greenway lands and operation of common facilities in accordance with the following requirements.
[1]
The plan shall define ownership;
[2]
The plan shall establish necessary regular and periodic operation and maintenance responsibilities for the various kinds of open space (i.e., lawns, playing fields, meadow, pasture, cropland, woodlands, etc.);
[3]
The plan shall estimate staffing needs, insurance requirements, and associated costs, and define the means for funding the maintenance of the greenway land and operation of any common facilities on an ongoing basis. Such funding plan shall include the means for funding long-term capital improvements as well as regular yearly operating and maintenance costs;
[4]
At the municipality's discretion, the applicant may be required to escrow sufficient funds for the maintenance and operation costs of common facilities for up to one year following the completion of improvements for such facilities; and
[5]
Any changes to the maintenance plan shall be approved by the Board.
(c)
In the event that the organization established to maintain the greenway lands and the common facilities, or any successor organization thereto, fails to maintain all or any portion thereof in reasonable order and condition, the municipality may assume responsibility for maintenance, in which case any escrow funds may be forfeited and any permits may be revoked or suspended.
(d)
The municipality may enter the premises and take corrective action, including extended maintenance. The costs of such corrective action may be charged to the property owner, condominium association, homeowners' association, conservation organization, or individual property owners who make up a condominium or homeowners' association and may include administrative costs and penalties. Such costs shall become a lien on said properties. Notice of such lien shall be filed by the municipality in the office of the Prothonotary of the County.