TD1 Field and Wood.

TD2 Estate Residential.

TD4 Village Residential.

TD5 Town Residential.

TD6 Village Mixed Use.

TD9 Contracting, Craftsman and Artisan.

TD10 Assembly and Distribution.

TD11 Manufacturing, Extraction and Processing.

TD1 Field and Wood. To preserve agricultural lands and woodlands, to encourage conservation of open space and rural landscapes, and to allow for limited low-density residential uses and limited business uses compatible with working lands.

TD2 Estate Residential. To accommodate low-density single-family detached dwellings on larger lots which may not be serviced by public sewer and water, and in conjunction with rural agriculture activities.

TD4 Village Residential. To accommodate medium-density neighborhoods of single-family attached and detached dwellings typically along local streets with a more, walkable grid-like pattern.

TD5 Town Residential. To provide for neighborhoods that are medium to high density and accommodate a mix of single and multifamily dwellings, typically along local streets with a more walkable grid-like pattern.

TD6 Village Mixed Use. To accommodate medium-density clusters of low-impact, neighborhood-oriented residential and nonresidential land uses in rural communities, ranging from single-family dwellings to professional offices to small institutional buildings.

TD9 Contracting, Craftsman and Artisan. To accommodate low-intensity uses that involve producing, repairing and/or selling products involving primarily handmade workmanship, which may be conducted on the premises or within a residential dwelling and which does not detrimentally impact the residential character of surrounding properties.

TD10 Assembly and Distribution. To provide for locations accommodating less intense industrial land uses such as light manufacturing, warehousing and distribution, research/testing facilities, and supporting offices.

TD11 Manufacturing, Extraction and Processing. To provide locations for high intensity production, fabrication, and similar industrial uses and activities and to make appropriate provisions for the extraction and processing of mineral deposits from the earth that support the protection of health, safety, and welfare for the region's citizens.

District boundary lines are intended to follow or be parallel to the center line of street rights-of-way, waterbodies and railroads, and lot lines as they existed on a recorded deed or plan of record in the County Recorder of Deeds' office at the time of the adoption of this chapter, unless such district boundary lines are fixed by dimensions as shown on the Official Zoning Map.

Where a district boundary is not fixed by dimensions and where it approximately follows lot lines, such boundary shall be construed to follow such lot lines unless specifically shown otherwise.

The location of a district boundary on un-subdivided land or where a district boundary divides a lot shall be determined by the use of the scale appearing on the Zoning Map unless indicated otherwise by dimensions.

Where a municipal boundary divides a lot, the minimum lot area shall be regulated by the Township in which the principal use(s) are located, unless otherwise provided by applicable case law. The land area within each municipality shall be regulated by the use regulations and other applicable regulations of each municipality.

Zoning District Quick Views identify the principal and accessory uses permissible within each of the Township's zoning districts.

Unless otherwise provided by state or federal law or specifically stated in this chapter, as amended, (including § 27-106, Subsection 2), any land or structure shall only be used or occupied for a use specifically listed in this chapter, as amended, as permitted in the zoning district where the land or structure is located. Such uses shall only be permitted if the use complies with all other requirements of this chapter.

In accordance with Article VIII-A of the Pennsylvania Municipalities Planning Code (MPC), the Township shares some land uses with Lower Nazareth Township and Chapman Borough. See the Zoning Ordinances of Lower Nazareth Township and/or Chapman Borough for any land uses and corresponding definitions not permissible in any zoning district of Upper Nazareth Township. See also the definition for "Any Residential Land Uses Not Assigned Otherwise."

For uses permitted as a conditional use or special exception, see additional requirements in Part 4.

For temporary uses, see § 27-104, Subsection 7.

When an applicant uses the increased density development option, the lot sizes may be revised.

Standard antennas, including antennas used by contractors to communicate with their own vehicles.

Fence or wall.

Garage, household.

Garage sale.

Pets, keeping of.

Parking or loading, off-street, only to serve a use that is permitted in that district.

Recreational facilities, limited to use by residents of a development or students at a primary or secondary school or center for the care and treatment of youth, and their occasional invited guests.

Residential accessory structure.

Signs, as permitted by Part 7.

Swimming pool, accessory.

Such other accessory use or structure that the applicant proves to the satisfaction of the Zoning Officer is clearly customary and incidental to a permitted by right, special exception or conditional principal use.

Storage of fuels for on-site use or to fuel company vehicles.

The following accessory uses, provided that the use is clearly limited to employees, patients, residents and families of employees of the use and their occasional invited guests:

Bus shelters.

Automatic transaction machine.

Storage sheds.

Charitable donation collection bins located in the following districts: TD1, TD6, TD9, TD10, and TD11.

If a new residential subdivision or land development is submitted to the Township that will include 200 or more dwelling units, then as a conditional use, certain commercial uses and the parking areas that serve them shall be allowed on a maximum of 5% of the land area of that subdivision or land development. This provision may apply in any district where such dwellings would be allowed. Such commercial uses shall not be occupied until a minimum of 150 of the dwelling units have been occupied.

The applicant complies with the State Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq., and/or Planned Communities Act, 68 Pa.C.S.A. § 5101 et seq., as applicable.

The applicant proves to the Township that the site layout of the dwellings would have been able to meet all of the dimensional requirements if a condominium arrangement had not been used. For example, for single-family detached dwellings, the applicant is required to show that each dwelling could have been placed as proposed and still meet the minimum lot area, minimum yards and all other requirements.

Accessory structures and uses shall meet the minimum yard setbacks provided for herein, unless otherwise provided for in this chapter, including this subsection.

The minimum side and rear yard setback for a permitted detached structure that is accessory to a dwelling shall be 10 feet, except in the following cases:

No accessory building and no swimming pool shall be allowed in the minimum front yard.

See also standards for swimming pools and for residential accessory structures.

There will be an appropriate system in place to guarantee and properly fund the long-term operation and maintenance of the system by a qualified professional operator.

Based upon review of the Township Engineer, that the system will include adequate supply, transmission capacity and pressure to serve the development.

There will be an appropriate system in place to guarantee and properly fund the long-term operation and maintenance of the system by a qualified professional operator.

Based upon review of the Township Engineer that the system will include adequate treatment capacity and conveyance capacity to serve the development.

Guard against property damage and personal injury, and minimize the potential for erosion, slope failure, stream siltation, increased runoff, flooding and contamination of surface waters caused by the adverse effects of site preparation and construction on steep slopes.

Conserve existing woodlands for air and water quality benefits.

Permit land uses by right that are compatible with protection of steep slope areas and encourage the use of steep slope areas for open space and conservation uses.

Require development to avoid steep slope areas wherever possible, and require all land use, clearing, grading, and construction to satisfy development standards.

Regulate expansion of land use or development that existed on steep slope areas prior to enactment of these requirements.

Protect adjoining properties from harmful consequences of development permitted under these requirements.

Naturally occurring steep slopes are defined as areas having naturally occurring slopes of 15% or greater as delineated on the Natural Features Map of Upper Nazareth Township. Man-made steep slopes shall be those graded to a slope of 15% or greater following the adoption date of this chapter.

The boundaries shown on the Map may be supplemented or modified by examination of one or more of the following sources by the Township whenever a subdivision or land development plan is submitted for review:

Steep slopes shall be further divided into the following two categories:

The Township Engineer shall decide whether or not the steep slope areas have been shown with sufficient accuracy on the applicant's plans. Based on the Township Engineer's advice, the Township may require applicants to revise the boundaries shown on the plans.

The burden of proving the correct boundary shall be on the applicant, supported by engineering and/or surveying data or mapping, testimony of a soil scientist, or other acceptable evidence.

For any lot or portion thereof lying within a steep slope area, the regulations of this section shall take precedence over the regulations of the underlying district.

These regulations apply to all lots where the proposed earth disturbing activity within steep slope areas is greater than 1,000 square feet.

All uses, activities and development occurring within any steep slope area shall be undertaken only in strict compliance with the provisions of this Part, with all federal and state laws, and with all other applicable Township codes and ordinances.

No building lot shall be created unless it contains at least one acre of area with slopes less than 25%. If it is infeasible to provide this area in accordance with the setbacks required by the underlying district, the lot area shall be increased as necessary to provide a minimum area equal to one acre of area with slopes less than 25%.

Finished slopes of all cuts and fills shall not exceed 33%, unless stabilized by retaining walls or cribbing.

The maximum height of a retaining wall shall be in accordance with current Building Code standards. All retaining walls require a certification by a professional engineer that the wall was constructed in accordance with approved plans and applicable building codes.

Any disturbance of steep slopes shall be completed within one construction season, and disturbed areas shall not be left bare and exposed during the winter and spring thaw periods. Permanent vegetative cover shall be planted within three days after completion of grading.

No trees with a diameter at breast height (DBH) of six inches or more shall be removed from steep slope areas unless in accordance with the Township Subdivision and Land Development Ordinance.

The alignment of roads and driveways shall follow the natural topography and comply with design standards set forth in the Township Subdivision and Land Development Ordinance.

The degree of steep slope protection sought by the provisions of this Part is considered reasonable for regulatory purposes. This Part does not imply that lands outside the steep slope areas or permitted uses within the zoning district will be free from erosion or slope instability. This Part shall not create liability on the part of the Township or any officer or employee thereof for any damages that result from reliance on this Part or any administrative decision lawfully made hereunder.

Open space and conservation uses are permitted by right on steep slopes, provided that they shall not include any structures, roads, driveways, parking areas, construction, or other development, or grading, or clearing of vegetation.

The following uses are specifically prohibited on slopes of 15% but less than 20%:

The following activities may be permitted by right, with review by the Zoning Officer and Township Engineer, provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance:

The following uses may be permitted by right, with review by the Zoning Officer and Township Engineer, provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance:

The following uses and activities may be permitted by conditional use provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance:

A plan by a registered professional engineer or surveyor which accurately locates the proposed use with respect to the Steep Slope Overlay District boundaries, with all pertinent information describing the proposal, and a topographical survey with contour elevations at no greater than two-foot intervals, based on USGS established benchmark datum.

A plan or proposed development or use of the site, confirming to the preliminary plan requirements of the Subdivision and Land Development Ordinance, with contours shown on two-foot intervals throughout, the steep slope areas proposed for development or use. Contours shall be accurately drawn from on-site survey or aerial photographic sources.

Proposed modifications to the existing topography and vegetative cover, as well as the means of accommodating stormwater runoff.

Detailed design for all proposed site improvements including streets, driveways, structures and stormwater management facilities.

Specifications for building construction and materials, including filling, grading, storage of materials, and water supply and sewerage facilities.

Documentation of any additional engineering and/or conservation techniques designed to alleviate environmental problems that may be created by the proposed activities, in compliance with Township sedimentation and erosion control regulations.

Written confirmation from (specific name of local fire department) that emergency access is satisfactory to provide adequate fire protection.

Open space and conservation uses are permitted by right on slopes of 20% or more, provided that they shall not include any structures, roads, driveways, parking areas, construction, or other development, or grading, or clearing of vegetation.

The following uses are specifically prohibited on slopes of 20% or more:

In considering a conditional use application, the Board of Supervisors shall consider the following:

Protect environmentally sensitive areas and avoid severe soil erosion and sedimentation.

Avoid severely increased stormwater flows and speeds.

Preserve areas of prime farmland.

Provide additional recreation land.

Direct development to those areas that are more physically suited for it.

Conserve forested areas that are an important part of the ecological cycle, providing for groundwater recharge, air pollution reduction and wildlife habitats.

Reduce municipal maintenance costs.

Provide for transitional forms of development between residential and agricultural or industrial areas or highways, with increased density serving as a buffer.

Allow each property owner a reasonable use of their land, related directly to the features and location and accessibility of the land. This option will encourage the establishment of significant areas of preserved open area.

An "increased density development" is a residential development that meets the requirements of this section and is granted approval by the Township as an increased density development. An increased density development shall only be allowed in zoning districts where the use is listed as allowed in Part 3.

Uses. An increased density development shall only include the following uses: dwelling types listed as allowed in that district by this subsection, nature preserves, Township-owned recreation, recreation uses that the Township approves to be within the common open area, crop farming, raising and keeping of horses, golf courses, customary keeping of livestock as accessory to crop farming, utilities necessary to serve the development, and customary permitted accessory uses. No accessory dwelling units shall be permitted or calculated as part of the increased density development. A mobile-home park shall not qualify as an increased density development. The Township may also approve other types of livestock and poultry operations on a principal agricultural lot.

A tract shall be eligible for approval for an increased density development if it includes a minimum of four acres of lot area in common ownership. Such land area shall be contiguous, except that portions of the tract may be separated only by existing or proposed streets or waterbodies.

An increased density development shall be designed as a unified, coordinated residential development, and shall be approved with a single development plan proposed by a single development entity. After final subdivision approval and within an approved development agreement(s) and phasing plan, portions of the development may be transferred to different entities, if there is compliance with the approved development plan and this section.

Applicants are strongly encouraged to first submit a layout plan for review by the Township for zoning compliance, before completing detailed fully engineered preliminary subdivision plans. This two-step process will allow the Township and the applicant to mutually agree upon the increased density and development layout before large sums of money are spent by the applicant on detailed engineering.

Detailed grading, utility, profile and erosion control plans shall not be required at the zoning compliance review stage if such matters are submitted as part of the subdivision or land development approval process.

TD1.

TD2 and TD4.

TD5 and TD6.

See definitions of the areas that may count towards "open space, common" in § 27-202.

The land under the conservation easement shall be a logical shape that is subject to approval by the Township and shall be located where it could adjoin land that would be added as common open area in the future if the total allowed number of dwellings would be developed.

A minimum of 50% of the required common open area shall be in one contiguous lot, except that the common open area may be separated by streams, creeks, water bodies, and a maximum of one street.

Adjacent to an existing or planned public or homeowner association- owned recreation area.

On a lot that can be efficiently farmed.

Adjacent to existing farmland.

At the edge of a neighboring undeveloped lot, where the common open area could be connected in the future to increased density on that neighboring lot.

Adjacent to an arterial street or expressway where the increased density open area will serve to buffer homes from the traffic.

The increased density development would clearly serve a valid public purpose that would result in a development that would be superior to what would result if the land were developed as a conventional development. Such valid public purposes include, but are not limited to, the following:

The applicant shall prove that the proposed increased density development has been designed in full consideration of important natural features, including mature woodlands, stream valleys, steep slopes and wetlands.

The Township may require the use of conservation easements within an increased density development to limit the disturbance of natural slopes over 15%, wetlands, mature forests, stream valleys and other important natural features.

Common Open Area. The minimum amount of "common open area" shall be provided, which shall meet the requirements of this chapter and the definition in § 27-202 of "open space, common."

Open Area Standards. Required common open area shall meet all of the following requirements:

Open Area Ownership. The method(s) to be used to own, preserve and maintain any common open area shall be acceptable to the Township. The Township shall only approve an increased density development if the applicant proves there will be an acceptable method to ensure permanent open area ownership, preservation and maintenance of land that will not be included in individual home lots.

Changes in Increased Density Area Uses. If the required common open area is proposed to be used for purposes that were not authorized in the Township approval, then a revised approval shall be required for the change of use.

Such a plan shall show the locations, general species and initial sizes of landscaping to be planted within the common open area and throughout the tract.

Such a plan shall also show that existing substantial healthy trees will be preserved to the maximum extent reasonable. The methods to ensure preservation during construction shall be described.

Landscaping shall also be used as appropriate to filter views of denser housing from any adjacent housing that is less dense.

Standards. To the maximum extent feasible:

Publications of the Pennsylvania Department of Conservation and Natural Resources (including "Stream ReLeaf") and/or other governmental agencies or established environmental organizations shall be used as standards for the planting of the buffer. These publications include recommended species. If trees and plants do not survive, they shall be replaced within 100 days afterwards by the current owner of the property.

In addition, in order to be approved as age-restricted development, the applicant shall establish an appropriate legal entity, such as a property-owner association that has the duty, authority and responsibility to enforce such age restrictions over time. If a household met this requirement at the time of initial occupancy, it shall not be required to move in case of death, divorce or separation of a resident of that same household.

An age-restricted residential development shall meet all other requirements of Township ordinances, including limitations on the housing types allowed in that zoning district.

Requirement to replace existing sidewalk, driveway apron crossings, and curb ramps if noncompliant with current regulations.

Requirement to install ADA-compliant sidewalk, driveway apron crossings, and curb ramps as part of any building permit for properties that do not have existing sidewalk but adjoin a property that does.