HAMILTON TOWNSHIP

266 Pages·2015·2 MB·English

HAMILTON
TOWNSHIP

ZONING
ORDINANCE

DRAFT AUGUST 2015

MONROE COUNTY, PA
TABLE OF CONTENTS
[7/2/15 draft]

Article I Title, Purpose, and Interpretation

101 Short Title
102 Purpose
103 Statement of Community Development Objectives
104 Application
105 Interpretation
106 Conflict
107 Effective Date

Article II Definitions

201 Tense, Gender and Number
202 General Terms
203 Terms or Words not Defined
204` Specific Terms

Article III Zoning Districts

301 Types of Zoning Districts
302 Zoning Map
303 District Boundary Lines
304 Boundary Tolerances

Article IV Natural Features Protection Standards

401 Statement of Intent
402 Regulation of Identified Floodplain Areas
403 Conservation of Steep Slope Areas
404 Wetlands
405 Forestry and Logging Standards
406 Stormwater Management
407 Mineral Extraction and Associated Processing
408 Appalachian Trail Overlay District
409 Subdivision of Lots from Agricultural Properties

Article V O-1 Open Space and Preservation District

501 Statement of Intent
502 Permitted Uses
503 Area and Bulk Regulations
504 Design Standards
505 Appalachian Trail Overlay District
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Article VI R-1 Low Density Residential District

601 Statement of Intent
602 Permitted Uses
603 Area and Bulk Regulations
604 Design Standards

Article VII R-2 Low-Medium Density Residential District

701 Statement of Intent
702 Permitted Uses
703 Area and Bulk Regulations
704 Design Standards

Article VIII C-1 Neighborhood Commercial District

801 Statement of Intent
802 Permitted Uses
803 Area and Bulk Regulations
804 Design Standards

Article IX C-2 General Commercial District

901 Statement of Intent
902 Permitted Uses
903 Area and Bulk Regulations
904 Design Standards

Article X HC Highway Commercial District

1001 Statement of Intent
1002 Permitted Uses
1003 Area and Bulk Regulations
1004 Design Standards

Article XI M-1 Limited Industrial Development District

1101 Statement of Intent
1102 Permitted Uses
1103 Area and Bulk Regulations
1104 Design Standards

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Article XII M-2 General Industrial District

1201 Statement of Intent
1202 Permitted Uses
1203 Area and Bulk Regulations
1204 Design Standards

Article XIII Conservation Design Option

1301 Statement of Intent
1302 Overlay Concept
1303 Use Regulations
1304 Tract Area and Density
1305 Minimum Lot and Yard Requirements
1306 Front Yard Setback for Garages
1307 Yard Requirements for Accessory Buildings
1308 Tracts Divided by Zoning District Boundaries
1309 Greenway Open Space Standards and Requirements
1310 Off-Street Parking

Article XIV Specific Use Development Requirements

1401 Statement of Intent
1402 Uses Permitted by Right
1403 Uses Permitted by Special Exception
1404 Uses Permitted by Conditional Use

Article XV General Regulations

1501 Statement of Intent
1502 Lot Area and Yard Requirements
1503 General Performance Standards
1504 Access and Traffic Control
1505 Size of Dwellings
1506 Minimum Residential Lot Improvements
1507 Fences and Walls
1508 Exception to Height Limitations
1509 Modification of Front Yard Requirements
1510 Projections into Required Yards
1511 Outdoor Storage
1512 Lighting
1513 Erection of More Than One Principal Structure on a Lot
1514 Site Improvements and Surface Water Runoff
1515 Screening and Buffering
1516 Landscaping
1517 Earth Disturbance
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Article XVI Signs

1601 Statement of Intent
1602 Applicability
1603 Procedures
1604 General Requirements
1605 Temporary Signs
1606 Residential Uses
1607 Commercial, Manufacturing, Public Use and Semi-Public Use Signs
1608 Off-Premises Advertising Signs and Billboards
1609 Nonconforming Signs
1610 Removal of Certain Signs
1611 Definitions

Article XVII Off-Street Parking and Loading

1701 General Requirements
1702 Required Off-Street Parking Space
1703 Parking Use and Location Standards
1704 Design Standards for Off-Street Parking Areas
1705 Parking Reserve Area
1706 Off-Street Loading

Article XVIII Nonconforming Lots, Structures, Uses, and Signs

1801 Applicability
1802 Alteration, Restoration, Enlargement, and Use of Nonconformities
1803 District Change
1804 Registration of Nonconforming Uses, Structures, and Lots
1805 Transfer of Ownership
1806 Abandonment of Nonconforming Use or Structure
1807 Irregularly Shaped Lots
1808 Existing Uses Requiring Special Exception or Conditional Use Approval
1809 Rules of Interpretation

Article XIX Administration

1901 Interpretation and Application
1902 The Zoning Officer
1903 Duties and Powers of the Zoning Officer
1904 Permits and Certificates
1905 Requirement for Use and Occupancy Permit
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1906 Application for Use and Occupancy Permit
1907 Issuance of Use and Occupancy Permit
1908 Permits for Temporary Uses
1909 Official Records
1910 Conditional Use Procedures and General Standards
1911 Determination of Fees
1912 Municipal Liability

Article XX Zoning Hearing Board

2001 General
2002 Appeals from the Zoning Officer
2003 Special Exception Plan, Procedures, and Conditions
2004 Variances
2005 Hearings and Procedures
2006 Validity of the Zoning Ordinance

Article XXI Enforcement

2101 Enforcement Notice
2102 Causes of Action
2103 Enforcement Remedies

Article XXII Amendments

2201 Power of Amendment
2202 Initiators of Amendment Proposals
2203 Procedures for Consideration of Proposed Amendments
2204 Public Hearing
2205 Enactment of Ordinance Amendments

Article XXIII Validity and Repealer

Appendix: Uses Permitted by Zoning District

Zoning Map
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ARTICLE I
TITLE, PURPOSE, AND INTERPRETATION
[8/2015 draft]

SECTION 101 SHORT TITLE

This ordinance shall be known, and so cited, as "The Hamilton Township Zoning Ordinance of
201_." It shall be referred to herein as “this ordinance” or “the ordinance.”

SECTION 102 PURPOSE

This ordinance is prepared in accordance with the Community Goals and Objectives as set forth in
the HSPS Comprehensive Plan, the recommendations of the HJP Open Space Plan, the land use
policies of the Monroe County Comprehensive Plan, and with consideration for the character of
Hamilton Township, its various parts, and the suitability of the various parts for particular uses
and structures, and with the view to conserving the value thereof and encouraging the most
appropriate use of land throughout the Township. The ordinance is enacted under and pursuant
to the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended.

The purpose of this ordinance is to provide zoning regulations:

A. To promote, protect, and facilitate:
1. public health, safety, morals, and general welfare;
2. coordinated and practical community development;
3. proper density of population;
4. provisions of adequate light and air;
5. vehicle parking and loading space;
6. safe and efficient travel by vehicles, bicycles, and pedestrians;
7. water, sewerage, schools, public grounds, and other public requirements.
B. To preserve:
1. prime agricultural land, considering topography, soil type and classification,
historic use, traditional character, and present use;
2. environmentally sensitive lands and historic resources.
C. To avert:
1. overcrowding of land, blight;
2. congestion in travel and transportation;
3. loss of health, life, or property from fire, flood, panic, or other dangers.

SECTION 103 STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES

In implementing the purposes stated in Section 102, the Board of Supervisors hereby states the
policy goals of the Township as listed in the following community development objectives
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A. Administer and maintain the content of this ordinance such that the community vision,
goals, and objectives of the HSPS Comprehensive Plan are realized. In particular, support
the following overall goals of the plan:
1. Recognize and respect the assets and limitations of the natural and built
environment, protect those assets, and facilitate their incorporation into the daily
lives of the Region's residents.
2. Manage, control, and guide development in order to preserve natural resources,
landscapes, wildlife habitats, and existing centers and neighborhoods, to provide a
diverse mix of small town atmosphere, suburban environment, and rural character
within the Region.
3. Provide a safe, efficient, convenient, and cost effective transportation system to
meet the needs of residents, business, and visitors.
B. Utilize flexible and innovative land use regulatory and incentive techniques where they can
help achieve the purposes of the HSPS Comprehensive Plan and this ordinance.
C. Maximize cooperation and coordination with Stroudsburg Borough and Stroud and
Pocono Townships in land use policy and regulation, particularly in relation to shared
municipal boundaries, and achieve compatibility in zoning designations among these
municipalities and along all of Hamilton Township's shared boundaries.
D. Promote and protect the prime agricultural lands and farming activities within Hamilton
Township.
E. Provide necessary protection for environmentally sensitive areas, including steep slopes,
woodlands, flood plains, wetlands, groundwater, surface water, aquifer recharge, and
those areas inappropriate or not designated for other types of development.
F. Insure that the varied land uses are logically located in their relationship to one another.
G. Provide opportunities for a broad choice of housing types to meet the needs of current and
future residents, including individuals, farm families, newly-formed households, growing
families, and senior citizens.
H. Assure a high level of quality in the design and establishment of residential and
recreational areas, including ample open space, consistent with the existing character of
land use and neighborhoods.
I. Provide for commercial and mixed-use areas to meet the needs of the residents and to
assure safe and convenient access, attractive and healthful environments, and locations
compatible with surrounding land uses and public and community facilities.
J. Provide for appropriate industrial activity at locations served by suitable transportation
facilities and adequate utilities, having a location and arrangement such that external
effects will not adversely influence adjacent uses and areas, and providing a physical
environment appropriate for the operation of each use.

SECTION 104 APPLICATION

The provisions, regulations, limitations, and restrictions of this ordinance shall apply to all land
uses, structures, buildings, and signs in the Township.

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SECTION 105 INTERPRETATION

In interpreting and applying this ordinance, its provisions shall be held to be minimum
requirements for the promotion of health, safety, morals, and general welfare of the Township and
the purposes of the ordinance. Any use permitted subject to the regulations prescribed by the
provisions of this ordinance shall conform with all regulations for the zoning district in which it is
located and with all other pertinent regulations of the ordinance. This ordinance is not intended to
interfere with, abrogate, annul, supersede, or cancel any easements, covenants, restrictions, or
reservations contained in deeds or other agreements, but if this ordinance imposes more stringent
restrictions upon the use of buildings, structures, and land than are contained in such deeds or
agreements, the provisions of the ordinance shall control.

SECTION 106 CONFLICT

Where this ordinance imposes greater restrictions on the use of buildings or land, or upon height
and bulk of buildings, or prescribes larger open spaces than are required by the provisions of
another ordinance, enactment, rule, regulation, or permit, the provisions of this ordinance shall
control. Where the provisions of any statute, other ordinance, or regulation impose greater
restrictions than this ordinance, the provisions of such statute, ordinance, or regulation shall
control.

SECTION 107 EFFECTIVE DATE

The effective date of this ordinance is _________, except that with respect to the subject matter
of any amendment as it may affect or create legal nonconforming conditions, the effective date of
the ordinance shall mean the date upon which the particular amendment became or becomes
effective.

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ARTICLE II
DEFINITIONS
[8/2015 draft]

SECTION 201 TENSE, GENDER AND NUMBER

Words in the present tense include the future tense, words in the masculine gender
include the feminine, words in the singular include the plural, and those in the plural
include the singular.

SECTION 202 GENERAL TERMS

Unless otherwise expressly stated, the following terms shall, for the purpose of this
ordinance, have the meaning indicated below:

A. The words “PERSON,” “DEVELOPER,” “SUBDIVIDER,” and “OWNER”
include a corporation, unincorporated association, and a partnership or other legal
entity, as well as an individual.
B. The term “ERECT” shall mean to build, construct, alter, repair, display, relocate,
attach, hang, place, suspend, affix, or maintain any building.
C. The word “ABUT” shall include the words “directly across from” or “adjacent
to.”
D. The words “SHOULD” and “MAY” are permissive.
E. The words “SHALL” and “WILL” are mandatory and directive and are not
discretionary.

SECTION 203 TERMS OR WORDS NOT DEFINED

Where terms or words are not specifically defined, they shall have their ordinarily
accepted meanings or such as the context may imply.

SECTION 204 SPECIFIC TERMS

Terms or words used herein, unless otherwise expressly stated, shall have the following
meanings. In addition, definitions for certain terms are included within the section of this
ordinance that contains the standards for a particular use; these include, but may not be
limited to, sections addressing wireless communication facilities, adult business, signs,
and the Appalachian Trail Overlay District.

ACCESSORY BUILDING OR STRUCTURE: A subordinate building or structure, the
use of which is customarily incidental to and located on the same lot occupied by the
principal building or structure. The term “accessory building or structure” may include a
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