BOROUGH OF CLARKS SUMMIT LACKAWANNA COUNTY, PENNSYLVANIA ORDINANCE NO. 2017-01 AN ORDINANCE OF THE BOROUGH OF CLARKS SUMMIT TO AMEND THE BOROUGH OF CLARKS SUMMIT: ZONING ORDINANCE OF. JANUARY 30, 2002 (ORDINANCE 2002-01), AS AMENDED, TO: ITEM: 1- AMEND AND ADD CERTAIN DEFINITIONS. ITEM 2 - ADD $502.4 - LOT COVERAGE AND PERVIOUS SURFACES. ITEM: 3- AMEND PART1 OF THE SCHEDULE OF DEVELOPMENT STANDARDS ITEM 4 - AMEND PART2 OF THE SCHEDULE OF DEVELOPMENT STANDARDS ITEM5 5 I AMEND PART 4 OF THE SCHEDULE OF DEVELOPMENT: STANDARDS ITEM 6- AMEND PART: 5 OF THE SCHEDULE OF DEVELOPMENT STANDARDS ITEM: 7- AMEND PART60 OF THE: SCHEDULE OF DEVELOPMENT STANDARDS BE IT HEREBY ORDAINED AND ENACTED by the Borough Council of the Borough of Clarks Summit, Lackawanna County, Pennsylvania, by the authority of and pursuant to the provisions of Act of July 31, 1968, P.L. 805, No. 247 of the General Assembly of the Commonwealth of Pennsylvania, as reenacted and amended, known and cited as the Pennsylvania Municipalities Planning Code; that the Borough of Clark Summit Zoning Ordinance of January 30, 2002 (Ordinance 2002-01), as amended, is hereby amended as follows: ITEM1-Amend and add the following definitions in $303 to read as follows: Amend Impervious Surface: A surface that prevents or retards the infiltration of rain water in to the ground. Examples may include rooftops, pavement, sidewalks, driveways, compacted gravel driveways, roads and interior walkways and decks made of concrete or similar materials. Add Pervious Surface: A surface that promotes the infiltration of rain water in to the ground. Examples may include, lawn, soft landscape areas, wooded areas, engineered infiltration areas, pervious paving materials, etc. ITEM: 2- Add the following $502.4: 502.4 Lot Coverage and Pervious Surfaces A. Pervious surfaces proposed in the development or improvement of a lot or any increase in lot coverage on an already developed or improved lot shall be reviewed by the Zoning Officer and, if found to meet the B. The percentage of the pervious surface to be counted as lot coverage shall be based upon actual field The Zoning Officer shall be notified three (3) business days prior to construction sO that the Zoning Officer D. Pervious surface design, installation, testing, maintenance and cleaning shall be performed in accord with generally accepted practice, manufacturer standards and any applicable prolesiona/manuracturer terms of this Ordinance, approved on a case-by-case basis. performance data provided by the manufacturer. may observe the installation. association standards or required installer certification. Borough of Clarks Summit Zoning Ordinance Amendment--; 2016-10-26 (Lot Size, Dimensions and Coverage; Pervious Surfaces) Page 2 Permeability testing of engineered pervious surfaces shall be performed in the presence of the Zoning Officer and a written report shall be submitted to the Zoning Officer documenting the testing method and results. The testing shall be conducted in accord with generally accepted practice by the applicant using a person deemed qualified by the Zoning Officer. If the permeability is reduced to a level of seventy-five (75) percent or less of the initial rate, the owner shall restore the permeability to the initial rate using accepted cleaning methods or reinstallation. Testing shall be conducted: 1. Upon completion of the installation of the pervious surface. 2. Annually for any parking areas, driveways or other areas which are used by motor vehicles excluding 3. Once every five (5) years for all pervious surfaces for which annual testing is not required by $502.4E2. F. The pervious surface shall be tested for permeability in accord with a written report submitted to the Zoning G. The maintenance of the pervious surface shall be governed by a written agreement between the landowner such areas associated with: single-family: and two-family dwellings. Officer. and the Borough ina a form prescribed by Resolution of Borough Council. H. Approved pervious surfaces shall not be replaced with any impervious surface material. ITEM3-A Amend Part: 2 of the Schedule of Development Standards in $404.3 to read as follows: PART2-LOT DIMENSIONS FOR SINGLE-FAMILY AND TWO-FAMILY DWELLINGS IN R1 DISTRICT Where the minimum! lot size required Minimum lot width (feet)* 12,000 120 inPartlinsq. ft.is 6,000 7,500 8,000 9,000 10,000 ormore 120 120 120 120 120 ITEM 4- Amend Part 4 oft the Schedule of Development Standards in $404.3 to read as follows: PART 4- MAXIMUM LOT COVERAGE FOR SINGLE-FAMILY, AND TWO-FAMILY DWELLINGS IN ALLI DISTRICTS Lots size (square feet) Lot Coverage (% of lot) With infiltration* 5,000 and under 40 +5% >5,000 to <20,000 40-( (lot sizei in sq ft-5,000)/750 20,000 and more 20 +5% +5% *The total area subject to earth disturbance activities (using PA CODE guidelines for that definition) by the project is subject to infiltration of the 2-yr storm frequency and furthermore 20% of existing impervious surfaces within the disturbed area, shall be considered meadow (in good condition) for the runoff calculations. (See $502.4 for the use of pervious surfaces.) Borough of Clarks Summit Zoning Ordinance Amendment--; 2016-10-26 (Lot Size, Dimensions and Coverage; Pervious Surfaces) Page 3 PART 4- MAXIMUM LOT COVERAGE FOR SINGLE-FAMILY, AND TWO-FAMILY DWELLINGSI IN ALLI DISTRICTS Lot size (square feet) Lot Coverage (% ofl lot) MULTI-FAMILY DWELLINGS- - $603.2 5,000 and under 40 >5,0001 to <20,000 40- (lot sizei in sq ft-5,000)/750 20,000 and more 20 SEVERABILITY Should any section, subsection, clause, provision or other portion of this Ordinance be declared invalid by any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this Ordinance; the Borough Council having adopted this Ordinance as ifs such invalid portions had not been included therein. EFFECTIVE DATE ADOPTION This Ordinance shall become effective immediately upon adoption. ORDINANCE ORDAINED AND ENACTED this 2nd day of August, 2017, by the Borough Council of the Borough of Clarks Summit, Lackawanna County, Pennsylvania, to be effective immediately. By: Soceime C Germaine Carey, Council President ATYEST: Manager/Secretary APPROVED this 2nd day of August, 2017 By: Herman A Johnson, Mayor F