Upper Nazareth Township
City Zoning Code
City Zoning Code
PART 8
GENERAL REGULATIONS
§ 27-801 Frontage Onto Improved Streets; Number of Uses or Buildings; Minimum Size of Dwellings.
[Ord. No. 199, 1/15/2025]
1.
Frontage Required Onto Improved Street. Each proposed new lot, each land development and each proposed principal building shall be on a lot which directly abuts a public street, a street proposed to be dedicated to the Township by the subdivision plan which created or creates such lot, or a private street which meets all of the requirements of the Township Subdivision and Land Development Ordinance. In the case of townhouses, mobilehome parks, or apartments, each unit may have access onto a parking court which then has access onto a public or private street meeting Township standards.
2.
Number of Principal Uses and Principal Buildings Per Lot.
A.
A lot in a commercial or industrial district may include more than one permitted principal use per lot and/or more than one permitted principal building per lot, provided that all of the requirements are met for each use and each building. If differing dimensional requirements apply for different uses on the lot, then the most restrictive requirement shall apply.
(1)
For example, if use one requires a one acre lot area and use two on the same lot requires a two acre lot area, then the lot shall have a minimum lot area of two acres.
(2)
The applicant shall submit a site plan that demonstrates that each structure would meet the requirements of this chapter.
(3)
The uses and buildings shall be in common ownership. However, a condominium form of ownership of individual buildings, with a legally binding property owners association, may be established if the applicant proves to the satisfaction of the Zoning Officer, based upon review by the Township Solicitor, that there will be appropriate legal mechanisms in place.
B.
A lot within a residential district shall not include more than one principal use and shall not include more than one principal building unless specifically permitted by this chapter.
(1)
A mobilehome park, condominium residential development or apartment development may include more than one principal building per lot, provided all other requirements of this chapter, as amended, are met. A condominium form of ownership of individual dwelling units, with a legally binding homeowners' association, may be established if the applicant proves to the satisfaction of the Zoning Officer, based upon review by the Township Solicitor, that there will be appropriate legal mechanisms in place and compliance with applicable state law.
3.
Minimum Size of Dwellings. Each dwelling unit shall include a minimum of 800 square feet of enclosed habitable, indoor, heated floor area, which shall be primarily above the ground level.
4.
Maximum Occupancy. No recreational vehicle shall be occupied on a lot for more than 14 days in a 90-day period, except as may be approved within a campground with suitable central water and sewage service. No mobilehome shall be occupied on a lot as a dwelling unless it meets all of the requirements for a dwelling.
§ 27-802 Height Exceptions.
[Ord. No. 199, 1/15/2025]
The maximum structure height specified for each district shall not apply to: antenna that meet the requirements of this chapter, water towers, clock or bell towers, steeples and religious symbols attached to places of worship, electrical transmission lines, elevator shafts, windmills, skylights, chimneys, heating/ventilation/air conditional equipment, industrial mechanical equipment areas that are not occupied by humans, or other appurtenances usually required to be and customarily placed above the roof level and not intended for human occupancy. See also definition of "height" in § 27-202 and provisions in § 27-306, Subsection 5.
§ 27-803 Special Lot and Yard Requirements, Sight Distance and Buffer Yards.
[Ord. No. 199, 1/15/2025]
1.
In General.
A.
No lot, structure or use shall be created or developed in such a way that it would result in another lot, building or use not being able to meet the requirements of this chapter. This includes, but is not limited to setback areas, non-impervious areas and off-street parking areas.
B.
Emergency Access. All uses and structures shall have adequate provisions for access by emergency vehicles and fire ladders. Such access shall be maintained in a passable condition by the owner of the lot, or where applicable by the property-owner association.
C.
New Lots in TD1 Field and Wood.
(1)
Natural Resource Compatibility. For any proposed new lot that will be occupied by a new dwelling, the applicant shall complete the following evaluation of natural resources identified in Table 27-803.1.
Table 27-803.1 | ||||||
|---|---|---|---|---|---|---|
Line # | Existing Land Conditions | Gross Area (acres) | Permitted Disturbance Ratio | Net Buildable Area (acres) | ||
Line 1 | Class 1 Agricultural Soils | _____ | x | 0.1 | = | _____ |
Line 2 | Class 2 Agricultural Soils | _____ | x | 0.15 | = | _____ |
Line 3 | All Floodplains, Wetlands, and Hydric Soils | _____ | x | 0.05 | = | _____ |
Line 4 | All Springs and Vernal Pools | _____ | x | 0 | = | _____ |
Line 5 | Other Areas on Slopes 0-15% not calculated as part of Lines 1 through 5 above | _____ | x | 1 | = | _____ |
Line 6 | Other Areas on Slopes 16-25% not calculated as part of Lines 1 through 5 above | _____ | x | 0.85 | = | _____ |
Line 7 | Other Areas on Slopes >25% not calculated as part of Lines 1 through 5 above | _____ | x | 0.25 | = | _____ |
Line 8 | Other Areas on Slopes >40% not calculated as part of Lines 1 through 5 above | _____ | x | 0 | = | _____ |
Line 9 | Sum of Lines 1 through 8 | 0.00 _____ (Total Gross Lot/Tract Area) | 0.00 _____ (Total Net Buildable Area) | |||
(2)
Table 27-803.1 and the associated requirements of § 27-803 shall not be applicable to the following principle uses when situated within the TD1: Agricultural Operations, Farmstead, Concentrated Animal Feeding Operation, Concentrated Animal Operation, Mineral Extraction and Limited Winery.
(a)
Any residential land use on a lot zoned TD-1 shall be located within the net buildable area.
(b)
To the maximum extent feasible, a new residential lot shall be located to maximize the distance of the new dwelling from any livestock or poultry operations and to place the home upwind from such facilities, considering prevailing winds.
(c)
Any new principal dwelling unit shall be set back a minimum of 200 feet from the lot line of another lot that includes a principal livestock or poultry use, unless the owner of such livestock or poultry use provides a written statement stating that they waive such additional setback.
D.
No plantings, shrubs, arborvitae, hedges, fences, walls, or other structures shall be placed within the right-of-way or required front yard setback.
2.
Exceptions to Minimum Lot Areas, Lot Widths and Yards.
A.
Corner Lots. For a corner lot, each yard that abuts a public street shall be considered a front yard and meet the requirements for minimum depth of a front yard. See definition of "lot, corner" in § 27-202.
B.
Projections into Required Yards.
(1)
The following may extend or project into a required yard not more than three feet:
(a)
Cornices, eaves, roof overhangs, sills or other similar architectural features;
(b)
Exterior stairways, unenclosed fire escapes or other required means of egress;
(c)
Down spouts or rain leads so long as they shall be diverted to largest possible absorption area or into the street;
(d)
Chimneys;
(e)
Outside doors for basement access;
(f)
Window awnings;
(g)
Bay windows;
(h)
Chase for heating pipes or other similar structures that do not include space usable by persons, except as may be required within a drainage or utility easement.
(2)
Steps, stoops, fire escapes, handicapped ramps, and landings necessary to provide entrance to a building may be located within a required setback area.
C.
Porches and Decks. A residential porch or deck that is unenclosed may extend a maximum of 15 feet into the required rear setback. Such porch or deck may be covered by a roof or awning. An unenclosed front porch, stoop or steeps may intrude up to 10 feet into the front yard setback.
D.
Lot Widths Around Curves. Around the bulb of a cul-de-sac street or on the outside of the curve of a street with a radius of less than 150 feet, the minimum lot width at the minimum building setback line may be reduced to 60% of the width that would otherwise be required.
3.
Sight Clearance at Intersections. At the intersection of two streets, a clear sight triangle shall be provided. Within this triangle, no visual obstructions shall be allowed between the height of three feet and 10 feet above the ground level, except for utility posts, mailboxes, single sign posts and the trunks of canopy trees. The triangle shall be measured along the center line of the right-of-way line of the streets. Each leg of the triangle shall be measured 100 feet from the intersection of the center lines of the streets, except the length shall be increased to 150 feet along the center line of a collector street or an arterial street. A third longer leg shall connect the two legs along the center lines, to form the triangle.
A.
However, in place of the above sight triangle, where a local street intersects an arterial or collector street with a stop sign only at the local street, each leg of the triangle along the arterial or collector street shall be increased to 250 feet and the leg along the local street shall be decreased to 15 feet beyond the right-of-way of the arterial or collector street.
B.
The clear sight triangle shall be kept free of such obstructions in perpetuity.
C.
Where a new driveway enters onto a state road, the Township may require the establishment of a clear sight triangle that is equal in length along the intersecting street to the minimum sight distance that will be required under state regulations and then connected to a leg of a triangle that is measured 15 feet back from the right-of-way of the state road.
D.
Where a new driveway enters onto a Township road, the Township may require the establishment of a clear sight triangle that is 150 feet in length along the center line of the intersecting street, measured in each direction from the point of intersection of the center line of the driveway and the intersecting street. A third longer leg in each direction shall connect the two legs that run along the center lines, to form the triangle. The leg running along the center line of the driveway shall be measured 10 feet back from the right-of-way of the street.
4.
Buffer Yards. Buffer yards and plant screening complying with the following standards shall be required under the following situations, unless a more restrictive provision is established by another section of this chapter:
A.
A minimum 20-foot-wide buffer yard with plant screening shall be required along the rear and side lot lines of any nonresidential lot contiguous to a lot occupied by an existing principal dwelling or an undeveloped residentially zoned lot.
(1)
If a principal business use will include areas used for manufacturing or will have a loading dock that will be routinely serviced by two or more tractor-trailer trucks or refrigerated trucks, then the minimum buffer yard width along such manufacturing area and/or loading dock shall be increased to 60 feet, and the minimum initial height of plantings shall be increased to six feet.
(2)
If a lot will include more than 100,000 square feet of new business total floor area, then the minimum buffer yard width shall be increased to 60 feet and the minimum initial height of plantings shall be increased to six feet.
(3)
If a dwelling will be on the same lot as a principal business use, then a buffer yard shall not be required by this section.
(4)
A 10-foot minimum buffer yard with landscaped screening shall be required where a subdivision or land development of new dwellings will have rear yards abutting a public street or expressway.
(5)
A buffer yard is also required to be provided by the following if they are abutting and visible from a public street:
(a)
Along lot lines and street rights-of-way of any newly developed or expanded outdoor industrial storage or loading area.
(b)
Along lot lines and street rights-of-way of any newly developed or expanded area routinely used for the overnight parking of two or more tractor-trailer trucks or trailers of tractor-trailers.
B.
A required yard may overlap a required buffer yard, provided the requirement for each is met. The buffer yard shall be measured from the district boundary line, street right-of-way line or lot line, whichever is applicable. Required plantings shall not be placed within the right-of-way, except that the Township may allow deciduous canopy trees.
C.
The buffer yard shall be a landscaped area free of structures, dumpsters, commercial or industrial storage or display, signs, manufacturing or processing activity, materials, loading and unloading areas or vehicle parking or display.
D.
Fence. Any wall or fence in a buffer yard shall be placed on the inside (nonresidential side) of any required plant screening. If a fence in a buffer yard has one side that is more finished or smoother than the other side, the more finished or smoother side shall face the outside of the buffer yard.
E.
Each planting screen shall meet the following requirements:
(1)
Plant materials needed to form the visual screen shall have a minimum height when planted of four feet. In addition, an average of one deciduous shade tree, with a minimum trunk diameter of two inches measured six inches above the finished ground level, shall be placed for each 50 feet of length of the buffer yard. The shade trees may be clustered or spaced unevenly.
(2)
Plants needed to form the visual screen shall be of such species, spacing and size as can reasonably be expected to produce within three years a mostly solid year-round visual screen at least six feet in height. Maintenance shall be conducted in perpetuity.
(3)
The plant screen shall be placed so that at maturity the plants will not obstruct a street or sidewalk.
(4)
The plant visual screen shall extend the full length of the lot line, except for: (a) Township-approved points of approximately perpendicular vehicle or pedestrian ingress and egress to the lot; (b) locations necessary to comply with safe sight distance requirements where the plantings cannot feasibly be moved further back; and (c) locations needed to meet other specific state, Township and utility requirements, such as stormwater swales.
(5)
American Arborvitae and similar weak-stem plants shall not be used to meet the buffer yard requirements. A monotonous straight row of the same species is discouraged. A more naturalistic form of planting is encouraged with a mix of species. If more than 20 evergreen plants are proposed, no more than 50% shall be of one species.
(6)
Evergreen trees should be planted at diagonal off-sets so that there is room for future growth of the trees.
(7)
The plant screening shall primarily use evergreen trees.
(8)
If existing healthy trees with a trunk diameter of six inches or greater (measured 4.5 feet above the ground level) exist within the buffer yard, they shall be preserved to the maximum extent feasible. The Zoning Officer may certify that preserving existing mature trees and shrubs within the buffer yard will meet the same purposes as the new plant screening. In such case, part or all of the new plant screening may be waived in writing by the Zoning Officer.
(9)
The use of earth berms in combination with landscaping is encouraged within buffer yards to provide additional protection to dwellings and residential areas. An earth berm may be required as a condition of a conditional or special exception use approval.
F.
Buffer Yard Plans.
(1)
Prior to the issuance of a permit under this chapter, as amended, where a buffer yard would be required, and on any required subdivision or land development plan, the applicant shall submit plans showing:
G.
The above standards apply for both zoning and building permit applications.
§ 27-804 Landscaping.
[Ord. No. 199, 1/15/2025]
1.
Any part of a commercial, industrial, institutional or apartment lot which is not used for structures, loading areas, parking spaces and aisles, sidewalks and designated storage areas shall be provided with an all-season, well-maintained vegetative groundcover, and shall be landscaped with trees and shrubs. Landscaped areas shall be kept free of debris, rubbish, and noxious weeds.
3.
Street Trees. As part of the creation of a new lot or the construction of a new principal nonresidential building, or development of parking area for six or more parking spaces, deciduous shade street trees shall be planted between such lot lines, building and/or parking area and any adjacent public street(s). This requirement shall not apply along street segments where existing healthy trees will be preserved and protected during construction that will serve the same purpose.
A.
Number. A minimum average of one such tree shall be planted for each 50 feet of length of street right-of-way around the lot.
B.
Location. Such trees shall be placed immediately outside of the street right-of-way, or an alternative location acceptable to the Board of Supervisors.
C.
Buffer. Where shade trees may be required under the buffer yard provisions, the same tree may be used to count towards both requirements.
D.
The street trees shall meet the requirements of Subsection 4, except that a species may also be used that is on the list of allowed street trees in the Subdivision and Land Development Ordinance.
E.
This requirement for street trees shall not apply for an agricultural or single-family detached residential lot of more than three acres.
F.
The above standards apply for both zoning and building permit applications.
4.
Parking Lot Landscaping.
A.
A minimum of one deciduous tree shall be required for every 15 new off-street parking spaces.
B.
If a lot will include 30 or more new parking spaces, landscaped islands shall be provided within auto parking areas. Otherwise, the trees may be planted around the parking area.
C.
Deciduous trees required by this section shall meet the following standards:
(1)
Type of Trees Permitted. Required trees shall be species native to Pennsylvania, unless the applicant proves to the satisfaction of the Township's Assigned Commission, as applicable, or Zoning Officer that another type of tree would shade paved areas, be resistant to disease, road salt and air pollution and be attractive.
(2)
Quality of Trees. Required trees shall be of symmetrical growth and free of insect pests and disease.
(3)
Minimum Size. The trunk diameter (measured at DBH) shall be a minimum of two inches or greater.
5.
Parking Lot Landscaping. A minimum vegetative area shall be provided that includes at least a four-foot minimum radius around all sides of the trunk of each required deciduous tree within or adjacent to a parking lot.
6.
Review and Approval. Where landscaping is required by this chapter, the applicant shall submit a landscaping plan, in addition to a site plan, showing proposed initial sizes, locations and species of plantings.
7.
Landscape Maintenance. All shade tree, buffer yard and other landscaping required by this chapter, as amended, shall be perpetually maintained by the property owner. Any landscaping needed to meet an ordinance, as amended, requirement that dies, is removed, or is severely damaged shall be replaced by the current property owner, on a one-to-one basis, as soon as is practical considering growing seasons, within a maximum of 150 days.
8.
Stormwater Basin Landscaping. The following requirements shall apply to landscaping within and around stormwater management basins:
A.
All areas of stormwater management basins, including basin floors, side slopes, berms, impoundment structures, or other earth structures, shall be planted with suitable vegetation, such as meadow plantings or grasses specifically suited for stormwater basins.
B.
Trees and shrubs shall be planted around stormwater basins. However, trees and shrubs shall not be planted in locations that would interfere with the function of the basin, such as within 30 feet from the outlet/drain structure, emergency spillway or dam. A minimum average of two trees and 10 shrubs shall be required to be planted around the basin for every 100 linear feet of basin perimeter. Such perimeter shall be measured at the elevation of the top of the berm. Such trees and shrubs shall be in addition to other Township requirements. Trees shall have an initial trunk diameter of two inches, measured six inches above the ground. Shrubs shall have an initial height of four feet.
C.
Natural ground cover plant species shall be planted on the floors and slopes of the basin. These ground covers may include wildflowers, meadows or nonaggressive grasses. Species shall be chosen that are suitable for the expected wetness of various portions of the basin. The plantings shall provide a continuous cover over all earth areas of the basin. The plantings shall not interfere with the proper functioning of the basin, in the determination of the Township Engineer.
D.
Lawn grass areas may be sodded or hydroseeded to minimize erosion during the establishment period. Once established, turfgrass areas on non-wet areas of the basin shall be maintained at a height of not more than 12 inches.
E.
To the maximum extent feasible, stormwater basins shall be designed with slopes that blend with the surrounding topography. Areas intended to be mowed shall have a maximum slope of 3:1.
9.
The above standards apply for both zoning and building permit applications.
§ 27-805 Nonconformities.
[Ord. No. 199, 1/15/2025]
1.
Proof and Registration of Nonconformities. It shall be the responsibility of, with the burden of proof upon, a party asserting a nonconformity to provide the evidence that it is lawful. A property owner may request a written statement of nonconformity from the Zoning Officer after providing sufficient evidence.
2.
Continuation of Nonconformities.
A.
A lawful nonconforming use, structure or lot as defined by this chapter, as amended, may be continued and may be sold and continued by new owners.
B.
Any expansion of, construction upon or change in use of a nonconformity shall only occur in conformance with this section.
C.
If an existing use was not lawfully established, it shall not have any right to continue as a nonconforming use.
3.
Expansion of or Construction upon Nonconformities. The following shall apply, unless the structure is approved under Subsection 4.
A.
Nonconforming Structure.
(1)
The Zoning Officer shall permit a nonconforming structure to be reconstructed or expanded provided:
(a)
Such action will not increase the severity or amount of the nonconformity (such as the area of the building extending into the required yard) or create any new nonconformity.
(2)
In the case of a nonconforming structure which is used by a nonconforming use, any expansion shall also meet the requirements of this section regarding nonconforming uses.
(3)
As a special exception, the Zoning Hearing Board may approve a reduction of up to 50% in a side or rear setback for an existing dwelling if the applicant proves such setback is necessary to allow a customary addition to such a dwelling or a replacement of an existing undersized dwelling with a new dwelling. This subsection shall not allow a reduction in setback to increase the number of dwelling units on the lot, except for a unit for care of relative.
B.
Nonconforming Lots.
(1)
Permitted Construction on a Nonconforming Lot. A single permitted by right principal use and its customary accessory uses may be constructed, reconstructed or expanded on a nonconforming lot provided all of the following additional requirements are met:
C.
Expansion of a Nonconforming Nonresidential Use. A nonconforming use or a building used by a nonconforming use shall not be expanded, except in accordance with the following provisions:
(1)
An expansion of more than 5% in total floor area shall require special exception approval from the Zoning Hearing Board under Part 1.
(2)
Such reconstruction or expansion shall be only upon the same lot that the nonconforming use was located upon at the time the use became nonconforming.
(3)
The (a) total floor area used by a nonconforming use; or the (b) total land area covered by the nonconforming use, whichever is more restrictive, shall not be increased by greater than 50% beyond what existed in the nonconforming use at the time the use first became nonconforming.
(a)
The above maximum increase shall be measured in aggregate over the entire life of the nonconformity. All expansions of the nonconforming use and/or building(s) that occurred since the use originally became nonconforming shall count towards the above maximum increase.
(4)
Any expansion of a nonconforming use shall meet the required setbacks and other requirements of this chapter, unless the Zoning Hearing Board grants a variance.
D.
Expansion of a Nonconforming Residential Use. An existing nonconforming residential use may be expanded as a permitted by right use provided that: (1) the number of dwelling units or rooming house units are not increased; (2) the expansion meets all applicable setbacks; (3) no new types of nonconformities are created; and (4) a nonconformity is not made more severe.
E.
Nonconforming Sign. The provisions of this chapter, as amended, shall not provide a right to expand or extend a nonconforming sign. Instead, any expansions or extensions of a nonconforming sign shall comply with this chapter.
4.
Damaged or Destroyed Nonconformities. A nonconforming structure or nonconforming use that has been destroyed or damaged may be rebuilt in a nonconforming fashion only if: (1) the application for a building permit is submitted within 18 months after the date of damage or destruction; (2) work begins in earnest within 180 days afterward the building permit is issued and continues; and (3) no nonconformity may be newly created or increased by any reconstruction. The property shall be properly secured during such time in such a way to keep out trespassers and to avoid harm to neighboring properties.
5.
Abandonment of a Nonconformity.
A.
If a nonconforming use of a building or land is discontinued, razed, removed or abandoned for 12 or more months, subsequent use of such building or land shall conform with the regulations of the district in which it is located, except:
B.
The applicant shall be responsible for providing clear and convincing evidence that the nonconformity was not abandoned.
C.
An existing lawful separate dwelling unit may be unrented for any period of time without being considered "abandoned" under this chapter.
6.
Changes from One Nonconforming Use to Another.
A.
Once changed to a conforming use, a structure or land shall not revert to a nonconforming use.
B.
A nonconforming use may be changed to a different nonconforming use only if approved as a special exception by the Zoning Hearing Board. However, special exception approval is not needed for a simple change within an existing building from one lawful nonconforming retail store use to another retail store use or from one lawful nonconforming personal service use to another personal service use provided that the new use complies with any Zoning Hearing Board conditions that applied to the previous use and is not more objectionable in external effects than the previous use.
C.
Where special exception approval is required for a change of a nonconforming use, the Board shall determine whether the applicant has provided sufficient proof to show that the proposed new use will be equal or less objectionable in external effects than the preexisting nonconforming use with regard to:
(1)
Traffic safety and generation (especially truck traffic).
(2)
Noise, dust, fumes, vapors, gases, odor, glare, vibration, fire, hazardous substances, and explosive hazards.
(3)
Amount and character of outdoor storage.
(4)
Hours of operation if the use would be close to dwellings.
(5)
Compatibility with the character of the surrounding area.
D.
A nonconforming use shall not be changed to a nonconforming adult use.
7.
District Changes. Any uses, structures or lots that become nonconforming because of a zoning district change shall be regulated under this section on nonconformities.
§ 27-806 Dumpster Screening and Location.
[Ord. No. 199, 1/15/2025]
1.
Site plans submitted to the Township shall show the proposed location of any garbage dumpsters. The Township may require that such proposed location be modified to provide compatibility with adjacent uses.
2.
Garbage dumpsters shall be surrounded on at least three or four sides by a solid fencing, wall, or landscaping if the dumpster would be visible from a street or a residential lot.
§ 27-807 Commercial and/or Industrial Buildings; Master Key Knox-Boxes.
[Ord. No. 199, 1/15/2025]
1.
Buildings, General. All new commercial and/or industrial buildings constructed after the effective date hereof, and all existing commercial and/or industrial buildings which undergo remodeling in excess of $1,000 after the effective date hereof, shall be provided with a master key Knox-Box® at a location approved by the Fire Chief or his designee. Such box shall be provided with master keys necessary for access to all portions of the premises. Such box and keys shall be provided prior to issuance of certificate of occupancy.
2.
Application for Approval. Application for approval of compliance with this section shall be made to the Zoning Officer. Fees shall be set by the Board of Supervisors. Approval application shall be executed by the Zoning Officer and Fire Chief prior to issuance of certificate of occupancy.
3.
Buildings with Elevators. All buildings equipped with elevators shall be provided with a Master Key Knox-Box as in Subsection 1 above. The building owner/manager shall provide two sets of keys for entry to building and all portions of premises and two sets of elevator control keys if elevators are equipped with Fire Company bypass switches.
4.
Other Structures. All new buildings constructed after the effective date that contain four or more residential dwellings with a common secured entrance or which undergo remodeling in excess of $1,000 after the effective date hereof shall be provided with a master key Knox-Box at a location approved by the Fire Chief or his designee. Such box shall be provided with master keys necessary for access to all portions of the premises. Such box and keys shall be provided prior to issuance of certificate of occupancy.
§ 27-808 Solar Energy Systems.
[Ord. No. 199, 1/15/2025]
1.
Title. This section shall be known as the "Solar Energy Systems Ordinance, as amended, for Upper Nazareth Township."
2.
Purpose. The purpose of this section is to promote the use of solar energy and to provide for the land development, installation and construction of solar energy systems in the Township subject to reasonable conditions that will protect the public health, safety and welfare.
3.
Classification.
A.
Solar energy systems shall be allowed in any zoning district and may be installed upon receipt of the necessary construction, electrical and/or mechanical permit(s). This section applies to solar energy systems to be installed and constructed for residential or commercial use.
4.
Solar energy systems that are the primary use of a lot are governed by other sections of this chapter, as amended, or the Subdivision and Land Development Ordinance.
5.
Applicability.
A.
This section applies to solar energy systems to be installed and constructed after the effective date of this section, and all applications for solar energy systems on existing structures or property.
B.
Solar energy systems constructed prior to the effective date of this section shall not be required to meet the requirements of this section.
C.
Any upgrade, modification, or structural change that materially alters the size or placement of an existing solar energy system shall comply with the provisions of this section.
6.
Design and Installation.
A.
To the extent applicable, the solar energy system shall comply with the Pennsylvania Uniform Construction Code, Act 45 of 1999, 35 P.S. § 7210.101 et seq., as amended, and the regulations adopted by the Department of Labor and Industry.
B.
The design of the solar energy system shall conform to applicable industry standards.
7.
Setbacks and Height Restrictions.
A.
Residential Zoning District.
(1)
A solar energy system, when attached to a building, shall not cause a nuisance from reflective light and shall conform to the applicable zoning district building height requirement.
(2)
A solar energy system, when part of a structure, shall comply with the following requirements:
(a)
Shall not be classified as a utility pole.
(b)
Only one solar energy system shall be permitted on a building lot.
(c)
Solar energy system shall have a maximum total square footage of not greater than 1% of the lot size.
(d)
Solar energy system setback requirement shall be the greater of the total height of the structure, zoning district building setback requirement to be measured from the outermost edge of the structure, or not greater than the existing building height requirement in the zoning district.
(e)
Applicant seeking more than one solar energy system per building lot, more than one solar energy system per structure, or solar energy systems whose square footage is greater than 1% of the lot size shall be deemed a special exception use in the TD1 Field and Wood District.
B.
Commercial/Industrial Zoning Districts.
(1)
A solar energy system, when attached to a building, shall not cause a nuisance from reflective light and shall conform to the applicable zoning district building height requirement.
(2)
A solar energy system, when part of a structure, shall comply with the following requirements:
(a)
Shall not be classified as a utility pole.
(b)
Only one solar energy system shall be permitted on a building lot.
(c)
Solar energy system shall have a maximum total square footage of not greater than 1% of the lot size.
(d)
Solar energy system setback requirement shall be the greater of the total height of the structure, zoning district building setback requirement to be measured from the outermost edge of the structure, or not greater than the existing building height requirement in the zoning district.
(e)
Applicant seeking more than one solar energy system per building lot, more than one solar energy system per structure, or solar energy systems whose square footage is greater than 1% of the lot size shall be deemed a special exception use in the TD9, TD10, and TD11 Zoning Districts only.
§ 27-809 Small Wind Energy Systems.
[Ord. No. 199, 1/15/2025]
1.
Intent. The intent of these regulations is to promote the safe, effective and efficient use of small wind energy systems to reduce the on-site consumption of utility-supplied electricity.
2.
Review and Permit Process.
A.
A small wind energy system shall be permitted as an accessory use on any lot of at least one acre in size located in the TD1 Field and Wood district, subject to compliance with the following ordinance provisions:
(1)
A zoning permit shall be required for the installation of a small wind energy system. No more than one small wind energy system may be placed on any lot.
(2)
In addition to any other requirements or application procedures, the zoning permit application shall be accompanied by a plot plan that includes the following:
(a)
Lot lines and physical dimensions of the property.
(b)
Location, dimensions, and types of existing principal and accessory structures on the property.
(c)
Location of the small wind energy system tower.
(d)
The right-of-way delineation of any public road that is contiguous with the property.
(e)
Any overhead utility lines.
(f)
Any easements.
(g)
Small wind energy system specifications, including manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed).
(h)
Detailed tower and tower foundation drawings, stamped and sealed by a Pennsylvania licensed professional engineer.
(i)
A map of the 200-foot area surrounding the subject property showing all affected lands and structures at a legible scale.
3.
Tower Height.
A.
Tower heights of not more than 80 feet shall be allowed on parcels between one and two acres. Properties over two and up to five acres may have tower heights up to and including 140 feet. For property sizes of five acres or more, there is no limitation on tower height except as imposed by FAA regulations, provided that evidence is provided that the proposed height does not exceed the height recommended by the manufacturer or distributor of the system.
4.
Setbacks.
A.
Setbacks for the system tower shall be no closer to the lot line than the height of the system and, no part of the system, including guy wires anchors, may extend closer than 10 feet to the property boundary. Additionally, the outer and innermost guy wires must be marked and clearly visible to a height of six feet above the guy wire anchors.
5.
Compliance.
A.
Permit applications for small wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for determination that the manner of installation conforms to the National Electrical Code. This information may be supplied by the manufacturer.
B.
Permit applications for small wind energy systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of the tower showing compliance with the Uniform Building Code and certified by a licensed professional engineer shall also be submitted. This analysis may be supplied by the manufacturer.
C.
Small wind energy systems shall comply with all applicable FAA regulations, including any necessary approvals for installations close to airports.
D.
Small wind energy systems shall comply with all applicable state construction and electrical codes. The owner/operator of the small wind energy system must also obtain any permits required by other federal, state and local agencies/departments prior to erecting the system.
6.
Noise and Interference.
A.
Decibel levels for the system shall not exceed 60 decibels (dBA) measured at the lot line, except during short-term events such as utility outages and severe wind storms.
B.
The small wind energy system shall not cause any radio, television, microwave, or navigation interference. If a signal disturbance problem is identified, the owner shall correct the problem within 90 days of being notified of the problem.
C.
The system owner/operator shall make all reasonable efforts to minimize and/or eliminate shadow flicker to occupied buildings on immediately adjacent properties. The applicant is responsible for identifying problem areas where shadow flicker will interfere with existing or future residences and describe proposed mitigation measures including, but not limited to, a change in siting of the wind energy conversion system, a change in the operation of the wind energy conversion system or grading or landscaping mitigation measures.
7.
Appearance and Lighting.
A.
The small wind energy system shall maintain a galvanized neutral finish or be painted to conform to the surrounding environment to minimize adverse effects. No small wind energy system shall have any signage, writing, pictures, or decorations placed on it at any time other than warning, equipment, and ownership information. No small wind energy system shall have any flags, streamers, banners, or other decorative items that extend from any part of the system, placed on it at any time.
B.
A small wind energy system shall not be artificially lit unless such lighting is required by the Federal Aviation Administration.
8.
Safety Features.
A.
The small wind energy system shall have an automatic overspeed control to render the system inoperable when winds are blowing in excess of the speeds for which the system is designed, and a manually operable method to render the system inoperable in the event of a structural or mechanical failure of any part of the system.
B.
All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access. The tower shall be designed and installed so as not to provide step bolts, a ladder, rungs, or other publicly accessible means of climbing the tower, for a minimum height of eight feet above the ground elevation.
C.
All electrical wires associated with a small wind energy system shall be located underground when practicable. All wires not located underground including, but not limited to, wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box and the grounding wires, shall be contained within an appropriate conduit suitable for same.
D.
No portion of the small wind energy system blade shall extend within 20 feet of the ground.
9.
Notification.
A.
No small wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an inter connected customer-owned generator. Off-grid systems shall be exempt from this requirement.
10.
Meteorological Towers.
A.
A meteorological tower shall be permitted under the same standards, permit requirements, and procedures as a small wind energy system.
11.
Removal.
A.
A small wind energy system that is out-of-service for a continuous 12-month period will be deemed to have been abandoned. Non-function or lack of operation may be proven by reports from the interconnected utility. The owner/operator shall make available to the zoning administrator all reports to and from the purchaser of energy from the small wind energy system if requested.
B.
If the small wind energy system is determined to be abandoned, the owner of the small wind energy system shall remove the wind generator from the tower at the owner's sole expense within three months of notice of abandonment. The owner is solely responsible for removal of the system and all costs, financial or otherwise, of system removal.
§ 27-810 Non-Tower Based Wireless Communications Facilities (CCF).
[Ord. No. 199, 1/15/2025]
1.
Regulations.
A.
General Requirements for all Non-Tower CCFs and Base Stations.
(1)
Standard of Care. Any non-tower CCF that is considered a co-location, modification, or replacement shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any nontower CCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township. The Township shall be notified of the use or storage of external power sources, such as batteries or fuel tanks.
(2)
Wind and Load.
(a)
Any non-tower CCF that is considered a co-location, modification, or replacement shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA 222-G Code, as amended).
(b)
The wireless support structure to which the non-tower CCF is attached shall be able to withstand the additional structural load of the co-location, modification, or replacement.
(c)
A copy of the structural analysis, signed and sealed by a registered engineer in the State of Pennsylvania, shall be submitted to the Township and reviewed as a portion of the permitting process for co-locations, modifications, or replacements.
(3)
Public Safety Communications. No non-tower CCF shall interfere with public safety communications, or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(4)
Aviation Safety. Non-tower CCFs shall comply with all federal and state laws and regulations concerning aviation safety.
(5)
Radio Frequency Emissions. No non-tower CCF may, by itself or in conjunction with other CCF's, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
(6)
Historic Buildings. Non-tower CCFs may not be located on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places or has been designated by the Township as being of historic significance.
B.
Non-Tower CCF Development Regulations — No Substantial Change. If the eligible facilities request for a non-tower commercial communication facility or base station is a co-location, modification, or a replacement that does not substantially change the existing wireless support structure, then the requirements contained herein, will be applicable.
(1)
Non-tower CCF's are permitted in all zoning districts.
(2)
Building Permit.
(a)
Zoning Permit Required. Co-locations, modifications, or replacements of non-tower CCF's or transmission equipment on existing wireless support structures or base stations are subject to the initial zoning or land use approvals for the previously approved wireless support structure or nontower CCF, and subject only to the zoning permit review and approval process of the Township.
(b)
No Zoning Permit Required. Replacement of non-tower CCFs or transmission equipment on existing, Township-approved, wireless support structures or base stations, without an increase in wind or structural load, may be performed by the applicant without obtaining a zoning permit.
(3)
Removal. In the event that use of a non-tower CCF is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. If it remains unused for a period of 12 consecutive months, the Township will provide notice to the owner/operator to remove the tower.
(4)
Unused or abandoned non-tower CCFs or portions of non-tower CCFs shall be removed as follows:
(a)
All abandoned or unused non-tower CCFs and accessory facilities shall be removed within three months of the cessation of operations at the site, or from the time the municipality provides notice, unless a time extension is approved by the Township.
(b)
If the non-tower CCF or accessory facility is not removed within three months of the cessation of operations at a site, or within any longer period approved by the Township, the non-tower CCF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the non-tower CCF.
(5)
Timing of decision. Within 30 calendar days of the date that an application for a co-location, modification, or replacement of a non-tower CCF is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. If additional information is requested by the Township to complete an application, the time period for review may be tolled by mutual agreement. Within 60 calendar days of receipt of the application, accounting for tolling, the Township must make a final decision regarding the application and shall advise the applicant in writing of such decision.
(a)
A determination of incompleteness must specifically delineate all missing information, and specify the code provision, ordinance, application instructions or otherwise publicly stated procedures that require the information to be submitted.
(b)
Following an applicant's resubmission in response to a determination of incompleteness, the Township may reach a subsequent determination of incompleteness based solely on the applicant's failure to supply the specific information that was requested within the first 30 days.
(c)
The 60-day review period begins running again when the applicant makes its supplemental resubmission; however, the review period may be tolled, once again, if the Township notifies the applicant within 10 days that the supplemental submission did not provide the specific information identified in the original notice delineating missing information.
C.
Non-Tower CCF Development Regulations — Substantial Change. If the eligible facilities request for a non-tower CCF or base station is a co-location, modification, or a replacement that substantially changes the existing wireless support structure, then the requirements contained herein will be applicable.
(1)
Non-tower CCFs are permitted in all zoning districts subject to the initial zoning or land use approvals for the previously approved wireless support structure or non-tower CCF. These CCFs are subject to zoning permit review and approval process of the Township.
(2)
Maintenance. The following maintenance requirements shall apply:
(a)
Any non-tower CCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
(b)
Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.
(c)
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
(3)
Retention of Experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the non-tower CCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this section. The applicant and/or owner of the CCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.
(4)
Timing of Decision. Within 30 calendar days of the date that an application for a non-tower CCF is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. Within 90 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the Township's 90-day review period.
(5)
Removal. In the event that use of a non-tower CCF is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned non-tower CCFs or portions of non-tower CCFs shall be removed as follows:
(a)
All abandoned or unused non-tower CCFs and accessory facilities shall be removed within three months of the cessation of operations at the site unless a time extension is approved by the Township.
(b)
If the non-tower CCF or accessory facility is not removed within three months of the cessation of operations at a site, or within any longer period approved by the Township, the non-tower CCF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the CCF.
(c)
Prior to the issuance of a zoning permit, the owner/operator of the non-tower CCF shall post security, in a form acceptable to the Township, favoring the municipality, to assure the faithful performance of the terms and conditions of this section. Security shall be an amount to cover tower and/or antenna removal and site clean-up. The security shall be utilized by the Township in the event the owner or operator of the non-tower CCF does not remove the facility as outlined in Subsections 1C(5)(a) and (b) above or to recover any and all compensatory damages incurred by the Township for violations of this section, after reasonable notice and opportunity to cure.
(6)
Indemnification. Each person that owns or operates a non-tower CCF shall, at its sole cost and expense, indemnify, defend, and hold harmless the Township, its elected and appointed officials, employees, engineer, solicitor, planner, agents, and other relevant professional consultants, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the Person, its officers, agents, employees, or contractors arising out of, but not limited to, the construction, installation, operations, maintenance, or removal of a non-tower CCF. The obligation to indemnify, hold harmless, and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorney's fees, reasonable expert fees, court costs, and all other costs of indemnification.
D.
Non-Tower CCFs Outside the Rights-of-Way. If the eligible facilities request for a nontower commercial communication facility or base station is a co-location, modification, or a replacement that substantially changes the existing wireless support structure AND is located outside the right-of-way, then the requirements contained herein, will be applicable.
(1)
Development Regulations. Non-tower CCFs shall be co-located on existing wireless support structures/base stations, subject to the following conditions:
(a)
Such non-tower CCF does not exceed the maximum permitted height of the existing wireless support structure.
(b)
If the non-tower CCF applicant proposes to locate the communications equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.
(c)
A six-foot high security fence shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.
(2)
Design Regulations.
(a)
Non-tower CCFs shall be treated to match the supporting structure in order to minimize aesthetic impact.
(b)
Non-tower CCFs, which are mounted to a building or similar structure, may not exceed a height of 15 feet above the roof or parapet, whichever is higher.
(c)
All non-tower based CCF applicants must submit documentation to the Township justifying the total height of the non-tower structure. Such documentation shall be analyzed in the context of such justification on an individual basis.
(d)
Antennae, and their respective accompanying support structures, shall be no greater in diameter than any cross-sectional dimension than is reasonably necessary for their proper functioning.
(3)
Inspection. The Township reserves the right to inspect any non-tower CCF to ensure compliance with the provisions of this section and any other provisions found within the Township Ordinances or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a non-tower CCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
E.
Non-Tower CCFs in the Rights-of-Way. If the eligible facilities request for a non-tower commercial communication facility or base station is a co-location, modification, or a replacement that substantially changes the existing wireless support structure AND is located in the right-of-way, then the requirements contained herein, will be applicable.
(1)
Co-Location. Non-tower CCFs in the right-of-way shall be located on existing poles/base stations, such as existing utility poles or light poles or other wireless support structures.
(2)
Design Requirements.
(a)
Non-tower CCF installations located above the surface grade in the public right-of-way, including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.
(b)
Antennae and all support equipment shall be treated to match the supporting structure. Non-tower CCFs and accompanying equipment shall be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.
(3)
Equipment Location.
(a)
Non-tower CCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the right-of-way as determined by the Township.
(b)
In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb.
(c)
Ground-mounted equipment shall be located underground. In the event an applicant can demonstrate, to the satisfaction of the Township Engineer, that ground-mounted equipment cannot be placed underground, then all such equipment shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.
(d)
Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township.
(e)
Any graffiti on the non-tower CCF or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti.
(f)
Any underground vaults related to non-tower CCFs shall be reviewed and approved by the Township.
(4)
Time, Place and Manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all non-tower CCFs in the right-of-way based on public safety, traffic management, physical burden on the right-of-way, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.
(5)
Relocation or Removal of Facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an Emergency, an owner of a non-tower CCF in the right-of-way shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any non-tower CCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
(a)
The construction, repair, maintenance or installation of any Township; or
1)
Other public improvement in the right-of-way;
(b)
The operations of the Township or other governmental entity in the right-of-way;
(c)
Vacation of a street or road or the release of a utility easement; or
(d)
An emergency as determined by the Township.
(6)
Compensation for Right-of-Way Use. In addition to permit fees, every non-tower CCF in the right-of-way is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the right-of-way. Such compensation for right-of-way use shall be directly related to the Township's actual right-of-way management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other right-of-way management activities by the Township. The owner of each non-tower CCF shall pay an annual fee to the Township to compensate the Township for its costs incurred in connection with the activities described above. The annual right-of-way management fee for nontower CCFs shall be determined by the Township and authorized by resolution of Township Board and shall be based on the Township's actual right-of-way management costs as applied to such non-tower CCF.
§ 27-811 Composting.
[Ord. No. 199, 1/15/2025]
1.
Residential and Commercial. All composting shall be conducted in such a manner that does not create a fire, rodent or disease-carrying insect hazard and does not cause noxious odors off of the subject property.
2.
Residential and Commercial. Composting shall be permitted as an accessory use, provided that the composting is limited to biodegradable vegetative material, including trees, shrubs, leaves, bark and vegetable waste. Such composting shall be kept free of other garbage and animal fats.
3.
Commercial. Minimum lot area for composting of manure that was not generated on-site shall be 25 acres. Any composting of manure shall comply with the latest edition of the Pennsylvania Manure Management Manual.
4.
Commercial — Setbacks. Composting areas of greater than one acre shall be set back 75 feet from lot lines of abutting residential lot lines, except that a 200 feet minimum setback shall apply from all lot lines for composting of manure that was not generated on site.