A.
Application for a conditional use hereunder shall be made to the
Township Secretary who shall refer such application to the Planning
Commission. In addition, the Planning Commission shall forward a copy
of the application to the Board of Supervisors for their review and
information. The Planning Commission shall consider the proposal and
shall transmit either their recommendation that the Supervisors either
approve or disapprove within 30 days of receipt.[1]
B.
All applications for such uses shall include a written statement
describing the tract of land and its intended use and a site plan
of the proposed development or area developed in accord with the following
criteria:
(1)
The written statement. The written statement shall contain the following
information:
(a)
The location and size of the tract of land.
(b)
The present use of adjoining tracts.
(c)
The present use of the tract for which the conditional use is
proposed.
(d)
The type of conditional use for which the application is being
made.
(e)
A detailed description of the type and extent of the activities
to take place on the land.
(f)
An accurate estimate of the total development cost of the conditional
use.
(g)
The names, addresses and phone numbers of: the applicant, the
owner, the developer of the conditional use, the person or organization
which will operate the conditional use. When any of the above are
corporate entities, the names, addresses and phone numbers of the
chief executive officers of those corporate entities shall be listed.
If any corporate entity listed hereunder is owned or controlled by
another corporate entity or parent company, the same information shall
be supplied for the parent company.
(h)
Failure to provide accurate, current or complete information
with regard to any of the above shall constitute grounds for rejection
of the application. Should said failure to provide accurate and complete
information become apparent after the issue of a conditional use permit,
said permit may, at the option of the Township Board of Supervisors,
be revoked and the Township may proceed against the parties as if
they had never obtained a permit.
(2)
The site plan. The site plan shall be drawn to scale sufficient to
clearly show the features of the tract and shall show:
(a)
A title block containing the name of the developer or landowner,
date, scale and name and profession of the preparer or the plan.
(b)
Tract boundaries showing bearings and distances.
(c)
Existing significant natural or man-made features of the site.
(d)
Existing and proposed streets, rights-of-way, easements, means
of access and setback lines.
(e)
Existing and proposed buildings, sewers, water mains, culverts,
transmission lines, utilities and fire hydrants on or adjacent to
the site.
(f)
Proposed grading and drainage plan.
(g)
Proposed plan of landscaping for the tract, showing all paved
and planted areas, screens, buffer zones and fencing.
(h)
Plans of any proposed sanitary sewer or storm sewer systems
including a stormwater management plan, as appropriate, and water
supply system.
(i)
Location, space and floor plan of all proposed buildings or
structures and proposed use of all buildings, structures, enclosed
and open areas of the tract.
(j)
Failure to provide accurate or complete information with regard
to any of the above shall constitute grounds for rejection of the
application. Should said failure to provide accurate and complete
information become apparent after the issuance of a conditional use
permit, said permit may, at the option of the Township Board of Supervisors,
be revoked and the Township may proceed against the parties as if
they had never obtained a permit.
A.
The Planning Commission shall consider the following criteria in
making their recommendations:
(1)
The purpose of the zone in which a requested conditional use would
be located and the compatibility of the requested conditional use
with the existing and potential land uses on adjacent tracts of land.
(2)
Whether the specific site is an appropriate location for the use,
structure or condition with regard to the problems of water supply,
sewage and waste disposal and potential for pollution of water supplies
downgradient should some system fail at the site.
(3)
Whether the use as developed will adversely affect the neighborhood,
including but not limited to property values, health, safety, character
of the neighborhood and increase in traffic, noise and congestion.
(4)
Whether the use as developed will create nuisance or hazard to vehicles
and pedestrians.
(5)
Whether adequate and appropriate facilities will be provided to ensure
the proper continuing operation of the proposed use.
(6)
The economic, noise, glare or odor effects of the proposed use on
adjoining and nearby properties and properties generally in the district.
(7)
Whether satisfactory provision and arrangement have been made for
the following:
(a)
Ingress and egress to the property and structures thereon with
particular reference to automotive and pedestrian safety and convenience,
traffic flow and control and access in case of fire or catastrophe.
(b)
Off-street parking and loading areas.
(c)
Refuse storage and service areas.
(d)
Utilities, with reference to location, availability and compatibility.
(e)
Sewage and wastewater treatment and disposal.
(f)
Stormwater management.
(g)
Drinking water supply.
(h)
Screening and buffering with reference to type, design, dimension
and character.
(i)
Signs, if any, and proposed exterior lighting with reference
to glare, traffic safety, economic effect and compatibility and harmony
with properties in the district.
(j)
Required yards and open spaces.
(k)
Such other factors that may occur to the Planning Commission
or the Board of Supervisors or as may be brought to their attention.
B.
Presentation of material. In presenting material relevant to any
portion of this article, the burden of proof shall be on the applicant
to affirmatively demonstrate that: the criteria have been addressed;
and the criteria have been, or will be, met insofar as possible. Failure
to meet the burden of proof shall be grounds for the rejection of
the application or an adverse recommendation.
C.
Presenting material at public hearing of the Board of Supervisors.
(1)
The applicant and members of the public shall be afforded an opportunity
to present material, evidence and plans, as appropriate, at a public
hearing held by the Board of Supervisors pursuant to public notice
after the Board has received the recommendation of the Planning Commission.
The Board of Supervisors shall decide on a conditional use permit
application only after having afforded the applicant, the public and
the Planning Commission the opportunity to give evidence and comment
at a public hearing.
(2)
Should questions arise than cannot be answered at the initial public
hearing, the Board may schedule additional public hearings as may
be necessary.
D.
Bonding and financial security. The Board of Supervisors may require
that bonds or other forms of financial security be given by the applicant
to insure that work such as reclamation be accomplished or that sewage
and water systems will be properly maintained or in any instance where
the Board of Supervisors feels that such security is necessary. The
terms of such bond or other security shall be as the Board of Supervisors,
in consultation with the Township Solicitor and the Planning Commission,
shall find appropriate.
E.
Other terms and conditions. In addition to the above, the Board of
Supervisors may make other such conditions as it deems necessary to
protect the health, welfare and safety of the Township residents a
condition of approval for a conditional use permit hereunder. Such
conditions may include, but are in no way limited to: the construction
and maintenance of test or monitoring wells, regular testing of effluents,
the construction of embankment walls to contain spills and similar
measures to tract and test the effectiveness of waste treatment systems,
contain or limit damage should some system or storage fail and the
like.
F.
Decision of the board.
(1)
The Board of Supervisors shall be in no way obligated to render a
favorable decision on a conditional use application merely because
the applicant has made a proper application and presented material
to the Planning Commission and the Board of Supervisors.
(2)
Furthermore, mere economic expedience or the fact that land was purchased,
subdivided or sold with the expectation of obtaining a conditional
use permit or that the landowner or developer has gone to considerable
monetary expense to prepare plans and applications hereunder or that
any other (conforming) use of the land will not be as profitable shall
not, in and of themselves, be reasons for granting a conditional use
hereunder.
(3)
The Board of Supervisors may reject any application, although properly
and timely filed, and meeting all of the requirements hereunder, if
in their view, after receiving the recommendation of the Planning
Commission and allowing the applicant to present evidence on his own
behalf and, hearing comment from the public, such use would not be
in the best interests of the residents of the Township.
[Amended 3-16-1998 by Ord. No. 2-1998]
The following conditional uses, which are also listed by zoning district in Article III, must meet all the additional requirements for that use provided in § 220-57 and following, in addition to those listed under all the other applicable Sections of this chapter, in order for a zoning permit to be issued.
[Amended 3-16-1998 by Ord. No. 2-1998]
A.
Multifamily dwellings are permitted only in those zoning districts as specified in Article III, and then only as conditional uses. Every such structure shall meet the requirements set forth in the Centre County Subdivision and Land Development Ordinance, plus all applicable ordinances, rules and regulations of Potter Township.
B.
All plans and proposals for multifamily dwellings shall be prepared
and presented as applications for a conditional use. In addition to
the other requirement hereunder, such plans and proposals shall meet
the requirements set forth below. Where there is a conflict between
the provisions of two or more applicable Township ordinances, the
more stringent requirement shall apply.
(1)
Definition. For the purposes of this chapter, a "multifamily dwelling"
shall be defined as a single structure designed for and constructed
to contain three or more dwelling units.
(2)
Site plan specifications. Application for a permit for a multifamily dwelling shall require the submission of three copies of a site development plan to the Township Secretary as set forth herein in the section on procedures (§ 220-54). Such plans shall be either black-and-white or blue-and-white prints and shall be drawn to a scale no greater than one inch equals 50 feet.
(3)
Design standards.
(a)
Minimum lot area. Each lot on which a multifamily dwelling is
to be placed shall have a gross area at least equal to the minimum
lot size for the district in which it is located. In the residential
districts, an additional 2,000 square feet for each dwelling unit
in the structure shall be provided.
(b)
Traffic access and parking facilities. Each multifamily structure
must access directly onto a public street. All new streets and access
drives shall be designed and constructed in accordance with the road
standards set forth in the Township's ordinances, including the provisions
of this chapter. Adequate parking facilities, consisting of one enclosed
and one additional parking spaces per unit, plus one extra space per
every two dwelling units shall be provided on the site.
(c)
Sewage and water facilities.
[1]
Adequate sewage and water facilities must be provided by the
developer. Disposal shall be by on-site disposal system (or suitable
off-site system), approved by the Township's Engineer and the Department
of Environmental Protection. Bonds or other financial arrangements
to insure proper maintenance and operation of the sewage system may
be required by the Township Supervisors before issuance of a permit.
In addition, the construction and maintenance of test wells, or other
means of testing the effluent leaving the site, may be required as
a condition of issuance of the permit.
[2]
Water must be obtained from wells located on-site unless arrangements
are made by the developer to obtain water from a well on adjacent
land or from some other source. In the event water is to be obtained
from some source not on-site, the plans for obtaining said water shall
be submitted for review to the Township's Engineer to insure that
the source will be adequate for the projected use and the Township's
Solicitor to insure that the necessary instruments are properly drawn
to insure a continuing supply. In a water quality district, drawing
water from a source off-site requires a conditional use permit. When
such a water sources is proposed, the water source conditional use
application and hearing may be combined with the application and hearing
for the overall plan.
[3]
Appropriate permits from state and county agencies regarding
sewage and water facility installations must be presented with the
application for a conditional use. No conditional use permit may be
issued unless all appropriate ordinances have been satisfied.
[4]
Solid waste collection and disposal. The developer shall present
information explaining his proposed method of solid waste collection
and disposal. If such methods are deemed sufficient by the Board or
Supervisors, then an alternate means shall be presented by the applicant.
[5]
Drainage control requirements. All plans for multifamily structures shall include information indicating what types of drainage control facilities will be installed to handle runoff produced by the new structure and the grade of the site. The plans must also indicate where the drainage is to be ultimately channeled. The runoff must be kept on-site to the greatest extent possible; the rate at which runoff leaves the site may not exceed the predevelopment runoff rate. Runoff may not be channeled into sinkholes, except as permitted by Article IV, § 220-30.
[6]
Grading and landscaping. Where excavation or grading is proposed
or where existing areas, shrubs or other vegetative cover is to be
removed and erosion and sedimentation plan shall be submitted showing
what steps are to be taken to avoid soil erosion. Exposed ground surfaces
shall be paved, stoned or protected with a vegetative cover as a portion
of the final landscaping requirements. Where adjacent land use dictates,
proper screening or buffer strips of 25 feet may be required.
[7]
Maximum density. A multifamily dwelling hereunder shall not
exceed the maximum density of dwelling units per acre permitted for
single-family detached dwellings in the district in which it is located.
In the Agricultural (A) and Rural Residential (RR) Districts, which
are intended for relatively low-density residential use, the impact
of high-density multifamily dwellings upon the Township shall be considered
as a factor at the conditional use hearing.
[Amended 3-16-1998 by Ord. No. 2-1998]
Multifamily housing developments may be permitted only in those districts as set forth in Article III and then only with approval as a conditional use. As such, all plans and proposals for multifamily housing developments shall be prepared and presented to the Planning Commission. In addition to the other requirements hereunder and all applicable Township and county ordinances, such plans and proposals shall meet the requirements set forth below. Where there is a conflict between the provisions of two or more applicable ordinances, the more stringent requirement shall apply.
A.
Definition. For the purposes of this chapter, a multifamily housing
development shall be defined as a residential development consisting
of more than one multifamily dwelling structure or more than one townhouse-like
building.
B.
Site plan specifications.
(1)
Application submission procedure. Application for a permit for a multifamily dwelling shall require the submission of three copies of a site development plan to the appropriate Township agencies, as set forth herein in the section on procedures (§ 220-54). Such plans shall be either black-and-white or blue-and-white prints and shall be drawn to a scale of not less than one inch equals 50 feet.
(2)
Plan specifications. Said plans as submitted to the Township are
required to show all structures, roadways, paths, walkways, parking
areas, recreation areas, utility and exterior lighting installations
and landscaping on the site, drainage facilities, all existing structures
and usages within 200 feet of the site boundaries, methods of sewage
disposal and water supply and any other elements that may be deemed
essential by the Township.
C.
Design standards.
(1)
Minimum parcel area and gross density. A multifamily development in the residential districts shall have a minimum gross area of four contiguous acres of land suitable for development. In all other districts, a minimum of 10 contiguous acres of suitable land shall be required. Lot area per dwelling structure shall be in accordance with Article III [see also Subsection C(6) below].
(2)
Maximum density. A multifamily development hereunder shall not exceed
the maximum density of dwelling units per acre permitted for single-family
detached dwellings in the district in which it is located. In the
Agricultural (A), Rural Residential (RR) and Open Space Districts,
which are intended for relatively low-density residential use, the
impact of high-density multifamily development upon the Township shall
be considered as a factor at the conditional use hearing.
(3)
Traffic access. Proposed site accessways must be adequate for the
expected volume in traffic without being excessive in number. Accessways
must be adequate in width, grade, alignment and visibility. Accessways
may not be located too near existing street corners or intersections,
entrances to schools or places of public assembly. If the proposed
plan fails, in the opinion of the Board of Supervisors, to successfully
meet these criteria, approval of the plan may be denied, or withheld,
until the plan is modified to the satisfaction of the Board of Supervisors.
(4)
Circulation and parking. The interior circulations system must be adequate for the expected volume of traffic and all required parking spaces must be easily accessible. The interior circulation and parking plan shall be subject to the same review as set forth for the accessways in Subsection C(3) above [see § 220-86, Table 1, and Subsection D(5) for off-street parking requirements].
(5)
Streets system requirements. All multifamily structures or structures
within a multifamily housing development must access directly onto
a public street or a street in the internal road system of the development.
All new streets and access drives shall be designed and constructed
in accordance with the road standards set forth in the Township's
ordinances, including the provisions of this chapter.
(6)
Drainage control requirements. All plans for multifamily housing developments shall include a stormwater management plan developed in conjunction with the Centre County Conservation District. A copy of said plan, including information indication what types of drainage control facilities will be installed to handle runoff produced by the new structure, the internal roads and accessways and the grade of the site shall be submitted. The plans must also indicate where the drainage is to be ultimately channeled. Runoff must be kept on-site to the greatest extent possible; the rate at which runoff leaves the site may not exceed the predevelopment runoff rate. Runoff may not be channeled into sinkholes, except as permitted in § 220-30.
(7)
Sewage and water facilities.
(a)
Adequate sewage and water facilities must be provided by the
developer. Disposal shall be by on-site (or suitable off-site) disposal
system, approved by the Township's Engineer and the Department of
Environmental Protection. Bonds or other financial arrangements to
insure proper maintenance and operation of the sewage system may be
require by the Board of Supervisors before issuance of a permit. In
addition, the construction and maintenance of test wells, or other
means of testing the effluent leaving the site, may be required as
a condition of issuance of the permit.
(b)
Water must be obtained from wells located on-site, unless arrangements
are made by the developer to obtain water from a well on adjacent
land or form some other source. In the event water is to be obtained
from some source not on-site, the plans for obtaining said water shall
be submitted for review to the Township's engineer to insure that
the source will be adequate for the projected use and to the Township's
solicitor to insure that the necessary instruments are properly drawn
to insure a continuing supply. In the water quality districts, drawing
water from a source off-site requires a conditional use permit. When
such a water source is proposed, the water source conditional use
application and hearing may be combined with the application and hearing
for the overall plan.
(c)
Appropriate permits from state and county agencies regarding
sewage and water facility installations must be presented with the
application for a conditional use. No conditional use permit may be
issued unless all appropriate ordinances have been satisfied.
(8)
Arrangement of buildings. Adequate provision must be made for light,
air, access (especially access of emergency vehicles such as fire
equipment and ambulances and Township or other vehicles for snow removal
and road repair) and privacy in the arrangement of the buildings to
each other. Each dwelling unit with the structures shall have a minimum
of two exterior exposures. When laundry hookups for a washer and dryer
are not provided for each individual unit, laundry facilities, including
washing machines and clothes dryers shall be available on the premises
for use by all occupants. If, in the opinion of the Board of Supervisors,
the plans do not make adequate provision for light, air, access and
privacy, approval may be denied or withheld until the plans are modified
to the satisfaction of the Board of Supervisors.
(9)
Grading and ground cover. Where excavation or grading is proposed
or where existing trees, shrubs or other vegetative cover is to be
removed, an erosion and sedimentation plan shall be submitted showing
what steps are to be taken to avoid soil erosion. Exposed ground surfaces
shall be paved, stoned or protected with a vegetative cover as a portion
of the final landscaping requirements.
(10)
Landscaping. The proposed site must be landscaped in order to
enhance the natural qualities of the land, provide eye relief and
improve the appearance of the site. Where adjacent land use dictates,
proper screening or buffer strips of 25 feet may be required.
D.
Supplemental controls. In reviewing the proposed plan for a multifamily
housing development, the Board of Supervisors shall be guided by the
following regulations:
(1)
Maximum length of rows. The maximum length of any group of attached
structures shall not exceed 150 feet. A building group must be arranged
so as to be accessible to emergency vehicles.
(3)
Distance between buildings and driveways.
(a)
No driveway or parking lot shall be closer than 25 feet to the
front of any building nor closer than 15 feet to the side or rear
of any building.
(b)
In the case of an enclosed garage or carport provided as a part
of the main structure, distance requirements for driveways providing
access to these accommodations shall not apply.
(4)
Recreation spaces. There shall be provided on the site of such development
an area or areas devoted wholly to the joint recreational use of the
residents thereof. Such recreational space shall consist of not less
than 400 square feet per dwelling unit. Recreational spaces shall
be developed with both active and passive recreational facilities.
Such area shall, insofar as reasonably possible, be aggregated into
one or more large contiguous areas rather than a series of twenty-foot-by-twenty-foot
individual areas.
(5)
Off-street parking. There shall be provided on the site of such development an area or areas devoted to the parking of vehicles. Adequate parking facilities, as set forth in Article VII , shall be provided on the site.
(6)
Solid waste collection disposal. The developer shall present information
explaining his proposed method of solid waste collection and disposal.
If such methods are not deemed sufficient by the Board of Supervisors,
then an alternate means shall be presented by the applicant.
(7)
All
other provisions of this chapter and any other Township, county or
state ordinances, rules or regulations must be adhered to. All provisions
of any municipal code or ordinance enacted hereafter shall be adhered
to.
E.
Certificate of occupancy. No certificate of occupancy shall be issued
for any unit in such a development unless the unit and the development
conform in all respects to the approved site plan. Temporary certificates
of occupancy may be issued, as set forth herein, if the requirements
for a temporary certificate of occupancy are met.
[Amended 3-16-1998 by Ord. No. 2-1998]
Nursing homes and extended-care facilities may be permitted only in accordance with the district regulations in Article III and only as a conditional use. As such, all plans and proposals for nursing homes shall be prepared and presented to the Board of Supervisors. In addition to the other requirements hereunder, such plans and proposals shall meet the requirements set forth below. Where there is a conflict between the provisions of two or more applicable Township ordinances, the more stringent requirement shall apply.
A.
State inspections. Evidence must be presented by the developer that
the proposed nursing home shall conform to all state specifications
and requirements.
B.
Sewage and water facilities.
(1)
Adequate sewage and water facilities must be provided by the developer.
Disposal shall be by on-site (or suitable for off-site) disposal system,
approved by the Township's engineer and the Department of Environmental
Protection. Bonds or other financial arrangements to insure proper
maintenance and operation of the sewage system may be required by
the Board of Supervisors before issuance of a permit. In addition,
the construction and maintenance of test wells or other means of testing
the effluent leaving the site may be required as a condition of issuance
of the permit.
(2)
Water must be obtained from wells located on-site, unless arrangements
are made by the developer to obtain water from a well on adjacent
land or from some other source. In the event water is to be obtained
from some source not on-site, the plans for obtaining said water shall
be submitted for review to the Township's engineer to insure that
the source will be adequate for the projected use and to the Township's
solicitor to insure that the necessary instruments are properly drawn
to insure a continuing supply. In the water quality districts, drawing
water from a well off-site requires a conditional use permit. When
such a water source is proposed, the water source conditional use
permit and hearing may be combined with the application and hearing
for the overall plan.
(3)
Appropriate permits from state and county agencies regarding sewage
and water facility installations must be presented with the application
for a conditional use. No conditional use permit may be issued unless
all appropriate ordinances have been satisfied.
C.
Lot size. The minimum gross area required for a nursing home shall
be at least equal to the minimum lot size for the district in which
it is located. In addition, the lot must be large enough to permit
an on-site sewage treatment system adequate for the largest expected
use to be installed and to provide water for the site (unless water
is to be obtained from a well on an adjacent site under an easement).
When an off-site treatment system is proposed, adequate space must
be reserved on-site for the installation of a treatment system should
the off-site system fail.
D.
Traffic access and parking. An adequate access into the nursing home shall be provided which meets the minimum driveway requirements outlined in § 220-88 for multifamily residential uses. Also, adequate parking facilities as outlined in Table 1, Off-Street Parking Schedule, Article VII , shall be met. Safe pedestrian accesses which are distinguished from and, as much as possible, separated from the vehicular accesses and parking areas shall also be provided.
E.
Solid waste collection and disposal. The developer shall present
information explaining his proposed method of solid waste collection
and disposal. If such methods are not deemed sufficient by the Board
of Supervisors, then an alternate means shall be presented by the
applicant.
F.
Drainage control requirements. All plans for nursing homes shall include a stormwater management plan developed in conjunction with the Centre County Conservation District. A copy of said plan, including information indicating what types of drainage control facilities will be installed to handle runoff produced by the new structure, the internal roads and accessways and the grade of the site shall be submitted. The plans must also indicate where the drainage is to be ultimately channeled. Runoff must be kept on-site to the greatest extent possible; the rate at which runoff leaves the site may not exceed the predevelopment runoff rate. Runoff may not be channeled into sinkholes, except as permitted in Article IV, § 220-30.
[Amended 3-16-1998 by Ord. No. 2-1998]
Campgrounds may be permitted in accordance with the district regulations in Article III and then only as a conditional use. As such, all plans and proposals for campgrounds shall be prepared and presented to the Board of Supervisors. In addition to the other requirements hereunder, such plans and proposals shall meet the requirements set forth below. Where there is a conflict between the provisions of two or more applicable Township ordinances, the more stringent requirement shall apply.
A.
Site plan specifications. Application for a permit for a campground shall require the submission of three copies of a site development plan to the Board of Supervisors, as set forth herein in the section on procedures (§ 220-54). Such plans shall be either black-and-white or blue-and-white prints and shall be drawn to a scale of not less than one inch equals 50 feet.
B.
Design standards.
(1)
Minimum campground area. A campground shall have a gross area at
least equal to the minimum lot size of the district in which it is
located.
(2)
Grading and ground cover. Where excavation or grading is proposed
or where existing trees, shrubs or other vegetative cover is to be
removed, an erosion and sedimentation control plan shall be submitted
showing what steps are to be taken to avoid soil erosion. Exposed
ground surfaces shall be paved, stoned or protected with a vegetative
cover as a portion of the final landscaping requirements.
(3)
Camping space requirements.
(a)
Gross density. The maximum number of camping spaces in each
campground shall be no more than four per acre of gross area of the
campground.
(b)
Minimum camping space size. The minimum camping space size be
30 feet wide by 50 feet long and contain not less than 1,500 square
feet in area.
(c)
Camping space access. All camping spaces shall have 30 feet
of frontage in the campground internal street system.
(4)
Setbacks, buffer strips and screening requirements.
(a)
Park perimeter buffer strips. All camping spaces and auxiliary
park structures shall be located at least 40 feet from the campground
boundary lines, including public roads. If a suitable, attractive,
effective screening of either man-made or natural plantings is provided
along the perimeter, this minimum buffer strip may be reduced to 25
feet.
(b)
Minimum distance between structures and camping spaces. All
camping spaces shall be located at least 30 feet from any auxiliary
building.
(5)
Parking space requirements. A minimum of one vehicle parking space shall be provided for each camping space, plus one additional space for every three camping spaces. (See Article VII.)
(6)
Campground internal street requirements. The internal street and
drainage system shall consist of private streets constructed according
to right-of-way and construction standards and proposed by the applicant
and agreed upon by the Board of Supervisors.
(7)
Drainage control requirements. All plans for campgrounds shall include a stormwater management plan developed in conjunction with the Centre County Conservation District. A copy of said plan, including information indicating what types of drainage control facilities will be installed to handle runoff produced by the new structure(s), the internal roads and accessways and the grade of the site shall be submitted. The plans must also indicate where the drainage is to be ultimately channeled. Runoff must be kept on-site to the greatest extent possible; the rate at which runoff leaves the site may not exceed the predevelopment runoff rate. Runoff may not be channeled into sinkholes except as permitted in Article IV, § 220-30.
C.
Utilities and park facilities.
(1)
Sewage and water facilities.
(a)
Adequate sewage and water facilities must be provided by the
developer. Disposal shall be by on-site (or suitable off-site) disposal
system approved by the Township's engineer and the Department of Environmental
Protection. Bonds or other financial arrangement to insure proper
maintenance and operation of the sewage system may be required by
the Board of Supervisors before issuance of a permit. In addition,
the construction and maintenance of test wells, or other means of
testing the effluent leaving the site, may be required as a condition
of issuance of the permit.
(b)
Water must be obtained from wells located on-site unless arrangements
are made by the developer to obtain water from a well on adjacent
land or from some other source. In the event water is to be obtained
from some source not on-site, the plans for obtaining said water shall
be submitted for review to the Township's engineer to insure that
the source will be adequate for the projected use and to the Township's
solicitor to insure that the necessary instruments are properly drawn
to insure a continuing supply. In the water quality districts, drawing
water from a well off-site requires a conditional use permit. When
such a water source is proposed, the water source conditional use
permit and hearing may be combined with the application and hearing
for the overall plan.
(c)
Appropriate permits from state and county agencies regarding
sewage and water facility installations must be presented with the
application for a conditional use. No conditional use permit may be
issued unless all appropriate ordinances have been satisfied.
(d)
All appropriate standards set by the Department of Environmental
Protection must be met. Documents and approvals indicating that these
requirement can be met along with notations on the campground plan
showing the location of water sources and rest rooms shall be presented
to the Board of Supervisors. Separate rest room and shower facilities
shall be provided for men and women.
(2)
Other utility systems. Electric or other utilities shall be provided
in accordance with plans approved by the Board of Supervisors and
the utility company.
(3)
Solid waste collection and disposal. The developer shall present
information explaining his proposed method of solid waste collection
and disposal. If such methods are not deemed sufficient by the Board
of Supervisors, then an alternate means shall be presented by the
applicant.
(4)
Service and other campground buildings. Service, maintenance and management buildings and commercial sales buildings required for the management, servicing and maintenance of the campground may be allowed either as separate buildings or combined with, or as part of, a single-family dwelling for resident personnel. Such structures must conform to the requirements of the Floodplain Management Ordinance [Chapter 96], both as to construction and as to location and to the requirements of all other applicable Township ordinances.
D.
General standards.
(1)
Campgrounds may be open to both tents and trailers.
(2)
Camping spaces may be used for overnight camping up to a maximum
of 60 consecutive days.
(3)
Due to flood hazards in all of the floodplain districts, all travel
trailers and tents shall be removed from any of these districts when
a flood warning is issued by the county. It shall be the obligation
and responsibility of the campground operator to insure that all units
have been removed beyond the boundary of the floodplain district.
[Amended 3-16-1998 by Ord. No. 2-1998[1]]
Mobile home parks are permitted only as specified as in Article III, and then only as a conditional use. Every proposed mobile home park must meet all of the following requirements in addition to the requirements of all other applicable Township and county rules, regulations and ordinances. Where there is a conflict between the provisions of two or more applicable ordinances, the more stringent requirements shall apply.
A.
Site plan specifications. Application for a permit for a mobile home park shall require the submission of three copies of a site development plan to the Board of Supervisors as set forth herein in the section on procedures (§ 220-54). Such plans shall be either black-and-white or blue-and-white prints and shall be drawn to a scale of not less than one inch equals 50 feet.
B.
Design standards.
(1)
Minimum park area. A mobile home park shall have a gross area of
at least five contiguous acres of land suitable for development.
(2)
Grading and ground cover.
(a)
Where excavation or grading is proposed or where existing trees,
shrubs or other vegetative cover is to be removed, an erosion and
sedimentation control plan shall be submitted showing what steps are
to be taken to avoid soil erosion. Exposed ground surfaces shall be
paved, stoned or protected with a vegetative cover as a portion of
the final landscaping requirements.
(b)
The ground surface in all parts of every park shall be graded
and all surface water discharged in a safe and efficient manner. Exposed
ground surfaces in all parts of every park shall be paved or covered
with stone screenings or other solid material or protected with a
vegetative cover that is capable of preventing soil erosion, the emanation
of dust during dry weather and the formation of mud during wet weather.
(3)
Mobile home and park lot requirements.
(a)
Gross density. The maximum number of mobile home lots within
every mobile home park shall be no greater than two lots per acre
of gross area of the mobile home park.
(b)
Maximum density. A mobile home park hereunder shall not exceed
the maximum density of dwelling units per acre permitted for single-family
detached dwellings in the district in which it is located. In the
Rural Residential and Open Space Districts, which are intended for
relatively low-density residential use, the impact of high-density
mobile home park development upon the Township shall be considered
as a factor at the conditional use hearing.
(c)
Minimum lot sizes. The minimum mobile home lot shall be not
less than 6,000 square feet of area. The minimum width of any mobile
home lot shall be not less than 60 feet. The minimum length of any
mobile home lot measured from the edge of the right-of-way line of
the mobile home park internal street shall be not less than 100 feet
or equal to the overall length of any mobile home located in the park
plus 60 feet, whichever length is greater.
(d)
Mobile home lot access. All mobile home lots shall abut on and
have 60 feet frontage on a street of the mobile home park internal
street system.
(e)
Mobile home stands. A pad or stand, properly graded, placed
and compacted so as to be durable and adequate for support of the
maximum anticipated load during all seasons, shall be used for all
mobile homes in the park.
(f)
Anchoring. Every mobile home in the park shall be anchored to
prevent overturning or uplift to the pad or stand prior to the unit
being occupied or used in any way. Each mobile home stand shall be
provided with anchors and tie-downs, such as cast-in-place concrete
"deadman" eyelets embedded in concrete foundations or runways, screw
augers, arrowhead anchors or other suitable anchoring systems. The
anchoring shall be designed to successfully withstand a minimum wind
velocity of 90 miles per hour.
(4)
Setbacks, buffer strips and screening requirements.
(a)
Setbacks from public roads. All mobile homes and auxiliary park
buildings shall be located at least 75 feet from the center line of
any abutting public road or street.
(b)
Park perimeter buffer strips. All mobile homes and auxiliary
buildings and other park structures shall be located at least 75 feet
from the mobile home park boundary lines. If a suitable, attractive,
effective screening is provided along the perimeter, this minimum
buffer strip may be reduced to 50 feet.
(c)
Screening requirements within the mobile home park. Repair,
maintenance and storage areas or buildings shall be effectively and
attractively screened from the mobile home lots, mobile home park
streets and public roads or streets by man-made screens or natural
plant materials.
(d)
Minimum distances between structures within the mobile home
park. All mobile homes shall be located at least 75 feet from any
auxiliary park buildings and repair, maintenance and storage areas.
(5)
Recreation space requirements. A minimum of 15% of the gross park
area or 15,000 square feet of space, whichever is larger, shall be
provided for recreational space. This recreational space shall be
suitable for outdoor recreational activity and shall be easily accessible
to all mobile home lots. The area shall be large enough and so sited
and situated as to be usable for a ballfield, playground or similar
purpose.
(6)
Parking space requirements. Parking spaces shall be provided in accordance with Article VII. The two vehicle parking spaces shall be located within 200 feet of the mobile home lot that they are intended to serve.
(7)
Drainage control requirements. All plans for mobile home parks shall include a stormwater management plan prepared in conjunction with the Centre County Conservation District. Such plan shall include information indicating what types of drainage control facilities will be installed to handle runoff produced by the new structure, the internal roads and accessways and the grade of the site. The plans must also indicate where the drainage is to be ultimately channeled. Runoff must be kept on-site to the greatest extent possible; the rate at which runoff leaves the site may not exceed the predevelopment runoff rate. Runoff may not be channeled into sinkholes except as permitted in § 220-30.
(8)
Mobile home park internal street system requirements. All mobile
home lots within a mobile home park shall access onto the mobile home
park internal street system. Streets shall be constructed to the standards
set forth in the Township ordinances, except that street widths shall
be as follows:
(a)
Street widths. Surfaced roadways shall be of adequate width
to accommodate anticipated traffic and, in any case, shall meet the
following requirements:
[1]
Where parking is permitted on both sides, a minimum road surface
width of 36 feet shall be required.
[2]
Where parking is limited to one side, a minimum road surface
width of 28 feet shall be required.
[3]
Where no parking is permitted on either side of the street,
a minimum road surface width of 20 feet shall be required.
(9)
Mobile home lot improvements. All mobile home lots within the mobile
home park shall be improved for use by independent mobile homes. This
shall include the necessary utility hookups plus an all-weather surfaced
patio with a minimum area of 200 square feet for each mobile home
lot. In addition, a lockable, enclosed storage shed containing at
least 200 cubic feet of storage space, for the use of the tenant,
shall be placed on each lot.
C.
Utilities and park facilities.
(1)
Sewage and water facilities.
(a)
Adequate sewage and water facilities must be provided by the
developer. Disposal shall be by on-site (or suitable off-site) disposal
system approved by the Township's engineer and the Department of Environmental
Protection. Bonds or other financial arrangements to insure proper
maintenance and operation of the sewage system may be required by
the Board of Supervisors before issuance of a permit. In addition,
the construction and maintenance of test wells, or other means of
testing the effluent leaving the site, may be required as a condition
of issuance of the permit.
(b)
Water must be obtained from wells located on-site, unless arrangements
are made by the developer to obtain water from a well on adjacent
land or from some other source. In the event water is to be obtained
from some source not on-site, the plans of obtaining said water shall
be submitted for review to the Township's engineer to insure that
the source will be adequate for the projected use and to the Township's
solicitor to insure that the necessary instruments are properly drawn
to insure a continuing supply. In the water quality districts, drawing
water from a well off-site requires a conditional use permit. When
such a water source is proposed, the water source conditional use
application and hearing may be combined with the application and hearing
for the overall plan.
(c)
Appropriate permits from state and county agencies regarding
sewage and water facility installations must be presented with the
application for a conditional use. No conditional use permits may
be issued unless all appropriate ordinances have been satisfied.
(2)
Other utility systems. Telephone, electric, television cable, natural
or bottled gas, fuel oil or other utilities shall be provided in accordance
with plans approved by the Board of Supervisors and the utility company.
Underground installation of the utility distribution and service lines
is required for approval of the mobile home park proposal.
(3)
Service and other auxiliary park buildings. Service, maintenance
and management buildings, recreation or community buildings and commercial
sales buildings required for the management, servicing and maintenance
of the park and the well-being of the park residents shall be allowed
within the mobile home park boundaries. Such buildings may be separate
structures or they may be combined with or made a part of a single-family
dwelling for resident park personnel.
(4)
Solid waste collection and disposal. The developer shall present
information explaining his proposed method of solid waste collection
and disposal. If such methods are not deemed sufficient by the Board
of Supervisors, then an alternate means shall be presented by the
applicant.
D.
Rules and regulations of the park. The developer shall also submit
a copy of the proposed rules and regulations to be followed by the
tenants of the mobile home park as a part of the application for such
use. These regulations shall require:
(1)
Each mobile home shall be skirted. (Skirting shall include materials
which have been prefabricated for this specific purpose or similar
materials. It shall not include bales of straw or hay, interior plywood,
unfinished wood or similar materials.)
(2)
Garbage and trash shall be placed only in appropriate containers
and shall not be permitted to accumulate.
E.
Zoning permit and certificate of occupancy. Each and every mobile
home placed in an approved mobile home park shall secure a zoning
permit prior to being moved into a mobile home park and an occupancy
permit as required by this chapter prior to its use. Temporary certificates
of occupancy may be obtained when appropriate hereunder.
For the purposes of this chapter, a roadside stand shall be defined as any structure set aside for the display and for the retail sale of farm products, produce and similar items which meets the criteria itemized below. Such stands shall be permitted only as a conditional use in accordance with the district regulations in Article III.
A.
Stands shall be for the purpose of selling items such as farm or
nursery products or other produce raised on the premises. Owners of
roadside stands selling eggs must comply with regulations of the Pennsylvania
Department of Agriculture.
B.
Stands shall be at least 20 feet back from the edge of the road cartway.
C.
At least two off-street parking spaces shall be provided, plus one
space per 200 square feet of enclosed retail floor area.
D.
Temporary stands shall have no more than three sides enclosed.
E.
Temporary stands must be removed when not in use.
F.
All stands must comply with any other federal, state, county or Township
ordinance that may apply.
G.
All stands shall contain at least 10 square feet of "shelf area."
H.
Stands, as defined herein, shall not include card tables, benches,
wagons or similar temporary setups involving the sale of small amounts
of produce or flowers raised on the premises.
[Amended 3-16-1998 by Ord. No. 2-1998]
These uses may be permitted only as set forth in Article III and then only as a conditional uses. As such, this use must be approved in accordance with § 220-54. The standards set forth in § 220-41 of this chapter and all other applicable state, federal or local regulations shall apply. Of special significance would be the requirements regarding licensing and/or the regulations of the State Department of Environmental Protection's Bureau of Drinking Water and Community Health.
[Amended 3-16-1998 by Ord. No. 2-1998]
These uses may be permitted only as set forth in Article III and then only as a conditional use. As such, this use must be approved in accordance with § 220-54. The standards set forth in § 220-41 of this chapter and all other applicable state, federal or local regulations shall apply. Of special significance would be the requirements regarding licensing and/or the regulations of the State Department of Environmental Protection's Bureau of Drinking Water and Community Health, if food is to be served, and the State's Liquor Control Board, if applicable.
[Amended 3-16-1998 by Ord. No. 2-1998]
These uses may be permitted only as forth in Article III and then only as a conditional use. As such, this use must be approved in accordance with § 220-55. The standards set forth in § 220-41 of this chapter and all other applicable state, federal or local regulations shall apply, including those of the State Department of Environmental Protection.
[Amended 3-16-1998 by Ord. No. 2-1998]
B.
For the purposes of this chapter, sawmills shall be defined to include
portable or temporary facilities as well as permanent sawmills.
C.
Of special importance would be the requirements of the County Conservation
District regarding soil erosion and sedimentation control and the
regulations of the Department of Environmental Protection's Bureaus
of Air and Water Quality Management.
These uses may be permitted only as set forth in Article III, and then only as a conditional use. As such, this use must be approved in accordance with § 220-54. The standards set forth in this chapter and all other applicable state, federal or local regulations shall apply. If specific outdoor recreational facilities and uses and/or services are not discussed elsewhere herein, the following standards shall apply:
A.
A plan showing the proposed layout and/or design of the recreational
facility or service shall be provided.
B.
A statement shall be submitted by the applicant indicating the reasons
why the proposed facility or service is appropriate for the district
and location proposed.
C.
Parking facilities and driveways shall be provided in accordance with the standards set forth in Article VII. Safe pedestrian accesses which are distinguished from, and as much as possible, separated from the vehicular access shall also be provided.
D.
On-site (or suitable off-site) sewage treatment shall be provided
which is capable of treating the sewage effluent created. A sewage
permit confirming that such a system can and will be installed shall
be presented as a part of the zoning permit application.
E.
Information pertaining to the proposed method of solid waste collection
and disposal shall be submitted as a part of the application. If the
method proposed by the applicant is not deemed sufficient, an alternate
method shall be proposed.
F.
Outdoor security lighting shall be provided. Any outdoor lighting
that is installed at any time shall be installed and shielded in such
a manner so as not to cause glare on adjacent or other private properties
or impair the vision of passing motorists.
G.
No building, structure or active recreational facility shall be located
within 100 feet of an abutting residential district.
H.
The proposed hours, rules and security plan of the facility shall
also be presented. Consideration shall be given not only to the convenience
of the users but the convenience, safety and welfare of the neighborhood
in which the facility is to be located. Once the proposed hours, rules
and security plan are approved, they may not be substantially altered
without review by the Board of Supervisors.
I.
All other applicable provisions of this and other Township ordinances
shall be adhered to.
[Amended 3-16-1998 by Ord. No. 2-1998]
Ponds may be permitted only as outlined in Article III and then only as a conditional use. When reviewing applications for proposals of this type, the following criteria shall be utilized and additional information may be required to be submitted to the Township in order to adequately protect the health, welfare and safety of the Township resident. Note that provisions of this section shall not apply to ponds constructed as part of a Township-approved stormwater management plan where the pond is for temporary water storage only.
A.
Definition. For the purposes of this chapter, a pond shall be defined
as a water impoundment created by constructing a dam, water obstruction
or embankment or by excavating a pit or "dugout." Ponds may be constructed
to provide water for livestock, fish and wildlife, recreation, fire
control and crop and/or orchard-spraying related uses.
B.
Construction standards for the structure.
(1)
Design of the structure. The applicant shall submit plans and required
data prepared by a professional engineer and showing the engineer's
Commonwealth of Pennsylvania registration number and seal to the Zoning
Officer, which shall indicate that the pond has been designed, situated
and constructed so that failure of the structure would not result
in the loss of life, damage to homes and property, commercial or industrial
buildings, highways or other structures or result in the interruption
in use or service of public utilities. Where applicable, the applicant
shall submit proof of obtaining the required permit(s) from the Pennsylvania
Department of Environmental Protection.
C.
Pond area specifications.
(1)
Topography and soils. The topography and soils of the pond site shall
be shown on the site plan, along with average water depth and volume
of the water to be stored. Use of the facility, normal sedimentation,
season of use, evaporation and seepage loss calculations shall also
be submitted with the zoning permit application.
(2)
Foundation. The foundation must consist of, or be underlain by, relatively
impervious material which will prevent excessive passage of water.
Where surface runoff is the primary source of water for the pond,
soils shall be impervious enough to prevent excessive seepage losses
or shall be of such a nature that sealing is practical.
D.
Permit requirements. When a permit from the Department of Environmental
Protection is required, that permit shall be obtained prior to the
issuance of a zoning permit by the Township. The fact that a state
permit has been issued shall in no way bind the Township or require
the Township to issue a permit. The Township may turn down a request
for a zoning permit despite the issuance of a state permit.
E.
Erosion and pollution controls. The Department of Environmental Protection's
regulations and all other local, state and federal laws pertaining
to erosion and sedimentation and pollution abatement shall be followed.
The applicant should contact the Centre County Conservation District
concerning the preparation of erosion and sedimentation control plans.
All exposed ground surfaces shall be stabilized or protected with
a vegetative cover.
F.
Screening and fencing. Where adjacent land use dictates, e.g., residential
home sites, schools or similar uses, appropriate screening, fencing
or buffer strips may be required by the Township as a condition of
issuance of the zoning permit.
[Amended 3-16-1998 by Ord. No. 2-1998]
A.
These uses may be permitted only as set forth in Article III, and then only as conditional uses in a commercial district or permitted uses in an industrial district. When such a use is conditional, it must be approved in accordance with § 220-54. The standards set forth in this chapter and all other applicable state, federal or local regulations shall apply. When applications for conditional use zoning permits or permitted use zoning permits for such uses are reviewed, the following criteria shall be considered. The Board of Supervisors may require additional information where they feel it is necessary to protect the health, safety and welfare of the Township residents.
B.
In addition to the standards set forth in § 220-41 herein, the following standards and requirements shall be adhered to:
(1)
Every small-scale manufacturing operation or activity shall be contained
totally within a building.
(2)
Products or goods manufactured may include crafts, cabinets, furniture
items and similar items of custom or hand work. The items sold must
be made in whole or part on the premises. Other permitted manufacturing
activities would include dairies, printing shops, small-scale assembly
and operations where little or no noise, dust, odor or other offensive
conditions are created and minor or small-scale product repair shops
(not including automobiles or other motorized vehicles).
(3)
For the purposes of this section, "small-scale/light manufacturing"
shall constitute those activities employing 25 or less employees,
unless specifically permitted by the zoning permit.
(4)
Every such use shall be limited to 2,500 square feet of floor area.
(6)
No operation shall be permitted which produces offensive noise, vibrations,
heat, dust, glare, odors or other objectionable conditions.
(7)
Evidence shall be submitted indicating that appropriate soils test
was conducted on the site and that adequate sewage and water facilities
will be provided to accommodate the specific operation.
(8)
Information concerning the proposed method of solid waste collection
and disposal shall also be presented for review.
(9)
All other applicable state, federal and local regulations shall be
adhered to, including the requirements of the Department of Environmental
Protection.
[Amended 3-16-1998 by Ord. No. 2-1998]
These uses may be permitted only as set forth in Article III and then only as conditional uses. As such, these uses must be approved in accordance with § 220-54. The standards set forth in this chapter and all other applicable state, federal or local regulations shall apply. When applications for conditional use zoning permits for such uses are reviewed, the following criteria shall be considered. The Board of Supervisors may require additional information where they feel it is necessary to protect the health, safety and welfare of the Township residents.
A.
Definition. For purposes of this chapter, a planned retail or industrial
development shall be defined as a group of businesses or industries
planned or developed for the site upon which they are built, whether
owned separately or as a unit.
B.
Plan preparation and submission procedure.
(1)
Application submission procedure. Applications for developments of
this nature shall require the submission of three sets of plans to
the Township Secretary. Such plans shall be either black and white
or blue and white and shall be drawn to a scale of not less than one
inch equals 50 feet.
(2)
Plan specifications. Said plans must show all structures, roadways,
pathways, parking areas, service drives, loading and unloading areas,
utility and exterior lighting installations and landscaping on the
site, drainage and stormwater management facilities, all existing
structures and usages within 200 feet of the site boundaries, location
of proposed sewage disposal and water supply facilities and other
elements as may be deemed essential by the Board of Supervisors.
C.
Design standards.
(1)
Access. All proposed site accessways must be adequate for proposed traffic flow, without being excessive in number, adequate in grade, width, alignment and visibility and not situated too near street intersections, entrances to schools or places of public assembly. (See § 220-88, Access drives, for additional design criteria.) In addition, a copy of the proposed plan shall be submitted to the Pennsylvania Department of Transportation for review when access is to be created along a state-owned roadway. Any permits required by that agency must be obtained by the developer before construction is commenced.
(2)
Circulation and parking. The interior circulation system must be adequate and all required parking spaces must be provided and easily accessible. (See § 220-86, Table 1, for off-street parking requirements.)
(3)
Streets and drainage system requirements. All structures within a
planned retail or industrial development must access directly onto
a public street or a street in the internal road system of the development.
A stormwater management plan must be prepared. All new streets and
drainage control systems shall be designed and constructed in accordance
with the standards and specifications set forth in the Township ordinances
when applicable.
(4)
Arrangement of buildings. Adequate provision must be made for light,
air, access and privacy in the arrangement of the buildings to each
other. Each unit shall have a minimum of two exterior exposures. (For
these purposes, the roof shall not be considered an exterior exposure.)
(For mall-type structures, a surface facing, or opening into the interior
walkway, shall be considered an exterior surface.)
(5)
Sewage and water facilities.
(a)
Adequate sewage and water facilities must be provided by the
developer. Disposal shall be by on-site (or suitable off-site) disposal
system, approved by the Township's Engineer and the Department of
Environmental Protection. Bonds or other financial arrangements to
insure proper maintenance and operation of the sewage system may be
required by the Board of Supervisors before issuance of a permit,
in addition, the construction and maintenance of test wells, or other
means of testing the effluent leaving the site, may be required as
a condition of issuance of the permit.
(b)
Water must be obtained from wells located on-site, unless arrangements
are made by the developer to obtain water from a well on adjacent
land or from some other source. In the event water is to be obtained
from source not on-site, the plans for obtaining said water shall
be submitted for review to the Township's Engineer to insure that
the source will be adequate for the projected use, and to the Township's
Solicitor, to insure that the necessary instruments are properly drawn
to insure a continuing supply.
(c)
In the water quality district, drawing water from a source off-site
requires a conditional use permit. When such a water source is proposed,
the water source conditional use application and hearing may be combined
with the application and hearing for the overall plan.
(d)
Appropriate permits from state and county agencies regarding
sewage and water facility installations must be presented with the
application for a conditional use. No conditional use permit may be
issued unless all appropriate ordinances have been satisfied.
(6)
Grading and ground cover. Where excavation or grading is proposed
or where existing trees, shrubs or other vegetative cover is to be
removed and erosion and sedimentation control plan shall be submitted
showing what steps are to be taken to avoid soil erosion. Exposed
ground surfaces shall be paved, stoned or protected with a vegetative
cover as a portion of the final landscaping requirements. Where adjacent
land use dictates, proper screening or buffer strips of 25 feet may
be required.
(7)
Landscaping. The proposed site must be properly landscaped, with the purpose of further enhancing the natural qualities of the land and the area. Where adjacent land use dictates, proper buffer and screening strips shall be required. (See Article X, Definitions; see also Article III, District Regulations, for appropriate minimum yard requirements.)
(8)
Loading and unloading. All required loading and unloading spaces shall be provided and designed in accordance with § 220-87 of this chapter.
(9)
Solid waste collection and disposal. Information pertaining to the
proposed method of solid waste collection and disposal shall be included
in the plan.
(10)
Outdoor lighting. Any outdoor lighting that is installed at
any time shall be installed and shielded in such a manner so as not
to cause glare on adjacent or other private properties or impair the
vision of passing motorists.
A.
These uses may be permitted only as set forth in Article III and then only as conditional uses. As such, these uses must be approved in accordance with § 220-54. The standards set forth in this chapter and all other applicable state, federal or local regulations shall apply. When applications for conditional use zoning permits for such uses are reviewed, the following criteria shall be considered. The reviewing agency may require additional information where they feel it is necessary to protect the health, safety and welfare of the Township residents.
A.
These uses may be permitted only as set forth in Article III. Where permitted as a conditional use, the standards set forth in § 220-41 and § 220-42 shall be applied. The Board of Supervisors may require additional information where they feel it is necessary to protect the health, safety and welfare of the Township residents. The standards set forth in this chapter and all other applicable state, federal or local regulations shall apply.
These uses may be permitted only as set forth in Article III. The standards set forth in this chapter and all other applicable state, federal or local regulations shall apply. When applications for zoning permits for such uses are reviewed, the criteria and regulations set forth in § 220-71 and in § 220-41 shall be adhered to. The Board of Supervisors may require additional information where they feel it is necessary to protect the health, safety and welfare of the Township residents.
[Amended 3-16-1998 by Ord. No. 2-1998]
Mining, surface mining or underground mining and/or mineral extraction operations and facilities may be permitted as set forth in Article III and then only as conditional uses. As such, these uses must be approved in accordance with § 220-54. The standards set forth in this chapter and all other applicable state, federal or local regulations shall apply. When applications for conditional use zoning permits for such uses are reviewed, the following criteria shall be considered. The Board of Supervisors may require additional information where they feel it is necessary to protect the health, safety and welfare of the Township residents.
A.
MINERALS
MINING
SURFACE MINING
UNDERGROUND MINING
Definitions. For the purposes of this chapter, the following terms
shall be defined and applied as follows: (Where a definition herein
conflicts with a definition elsewhere in this chapter, or any other
Township ordinance, for these purposes, the definition contained in
this section shall be controlling.)
Includes, but is not limited to, anthracite and bituminous
coal, lignite, limestone and dolomite, sand, gravel, rock, stone,
earth, slag, shale, ore, vermiculite, clay, oil, gas, petroleum, precious
metals and other mineral resources.
Any other sort of mineral extraction, in addition to those
defined or referred to explicitly or implicitly in this subsection.
The extraction of minerals from the earth, or from waste
or stockpiles, or from pits or banks by removing the strata or materials
which overlie or are above or between deposits of minerals. The term
as herein defined shall include, but not be limited, strip, drift,
auger and open pit mining, dredging, quarrying and leaching, mountaintop
removal, box cutting and activities similar or related thereto.
The extraction of minerals from beneath the surface of the
earth by means of any system employing shafts, tunnels or the like
as a method of reaching the mineral and conveying it to the surface.
B.
Application specifications and submission procedures.
(1)
Before any mineral extraction operation can commence, a mineral extraction conditional use permit must be obtained in accordance with the procedures outlined in Article IX. In addition to all other federal, state, county and local requirements, rules and regulations, the following must be met.
(2)
Application and plan specifications. Each application for a mineral
extraction conditional use permit shall contain the following information:
(a)
The name and address of the firm or individual requesting the
permit and who shall be responsible for the fulfillment of any conditions
of approval. In addition, the names of any parent companies, holding
companies or other corporate entities having a majority interest in
or control over any corporate applicant shall be supplied, together
with the addresses of any such corporations and the names and addresses
of the principal officers of same.
(b)
A location map, prepared by a registered professional engineer,
shall be supplied showing:
[1]
The extent of the area to be included in the requested permit
and an indication of all present uses on the site and any adjacent
uses for a distance of 1,000 feet on all sides.
[2]
The extent of the area to be excavated or mined.
[3]
The boundaries of the area of land that will be affected by
the mining operation, including the locations of:
[4]
Boundaries of adjoining lands owned by persons other than the
applicant and existing uses.
[5]
The location of all watercourses, bodies of water, public rights-of-way,
public buildings, public recreation areas or other public property
on or within 250 feet of the boundaries of land to be affected by
the mining operation.
[6]
The physical or topographic relationship of the land area to
be affected by the mining operation to adjacent land of others, either
public or private.
(c)
A development plan for the area to be affected, prepared by
a registered professional engineer, showing:
[1]
The nature and depth of the various minerals to be extracted.
[2]
The location and quality of the underground water known to be
on the site.
[3]
The location of the known aquifers and the estimated elevation
of the water table.
[4]
The nature and thickness of the overburden or the layers and
types of material to be tunneled through.
[5]
An analysis, prepared by a qualified soils engineer and/or hydrogeologist
of the probable impact of the mining operation on the water supply
in the vicinity.
[6]
A stormwater management plan.
(d)
A detailed land reclamation plan of the area included within
the permit showing:
[1]
The proposed use or uses of he land following the mining operation.
[2]
The proposed topography of the land following the mining operation
indicated by contour lines of no greater interval than 10 feet.
[3]
The nature of the actions to be taken during and after mining
operations to conserve and replace topsoil moved or removed during
mining operations.
[4]
The sedimentation and erosion control plan for the operation
including the type of vegetation to be planted for soil stabilization
purposes.
[5]
The proposed location of future roads, private or public rights-of-way,
drainage courses and other proposed improvement.
[6]
Reasonable assurances that the applicant will be capable of
reclaiming the land in accordance with the plan within a reasonable
time after completion of the mining operations. Such assurance shall
include presentation of bonding or other security in the amount of
1 1/2 times the estimated cost of site restoration and reclamation.
(e)
Such other information as the Zoning Officer may require and
which examination of the application may reveal to be necessary in
order to determine that the proposed mining operation will comply
with the requirements of this chapter.
(3)
General design and review criteria.
(a)
Minimum area. The minimum area of any parcel to be granted a
mineral extraction conditional use permit shall be 15 acres. All activities,
structures and appurtenant facilities shall be carried out or located
on this site. The minimum area required for related uses not involving
the creation or expansion of actual mining operations shall be no
less than five acres.
(b)
Maximum area under active surface mining.
[1]
No more than 50% of the total area included in the mineral extraction
permit shall be involved in actual surface mining operations or shall
be exposed at any one time.
[2]
Adherence to this provision shall be tracked and indicated on
the site development plans submitted as required by this section.
[3]
Phasing of the extraction activities of a development site may
be permitted after review and consideration by the Board of Supervisors.
Once the maximum area allowed to be under active surface mining has
been reached, no new are may be opened to active surface mining until
any equal or greater area of exhausted mine has been completely reclaimed
or a suitable bond is posted to ensure future reclamation.
(c)
Minimum yard requirements. All mineral extraction and mining
operations shall meet or exceed the following setbacks:
[1]
One hundred feet from any adjoining public right-of-way.
[2]
One hundred feet from any cemetery.
[3]
One hundred feet from any adjoining property lines.
[4]
Three hundred feet from any stream, watercourse, body of water
or environmentally sensitive area such as (but not limited to) sinkholes,
fracture traces, limestone caverns, public or private water supplies.
[5]
Three hundred feet from any occupied dwelling or structure,
public building or public recreation area.
[6]
Five hundred feet from any historic site, landmark or other
historical feature registered with the Pennsylvania Historic and Museum
Commission.
(d)
Maximum height requirements. No specific maximum shall apply
due to the nature of these activities; however, the height proposed
by the applicant shall assure proper provision of light and air and
shall not exceed heights serviceable by fire protection equipment.
(e)
Access.
[1]
The number of proposed accessways shall be adequate to service the proposed operation but shall not be excessive. Each access shall be of adequate grade, width, alignment and provide ample visibility or sight distance. Generally accepted intersection design practices shall be followed when locating and designing all access points. (See Article VII, § 220-88, Access drives, for the design criteria.)
[2]
In addition, a copy of the site development plan shall be submitted
to PennDOT for review and approval when access is to be created along
a state-owned roadway. Any permits required by that agency must be
obtained by the applicant before final approval will be given to his
proposal.
[3]
The applicant must also indicate his proposed means of accessing
the site through the Township; i.e., the roads and methods that are
to be utilized to transport materials to and from the site. If streets
in the Township road system are to be used as a major means of access
for the operation, the Board of Supervisors shall review the proposal
and may require the applicant to file a bond or other form of security
guarantee to insure the continued maintenance of the streets. A bond
of this nature may be used by the Township to repair damage to its
roads caused by frequent or continued usage by heaving mining equipment
and trucks.
(f)
Circulation and parking.
[1]
The interior circulation system shall be designed to provide
for efficient movement of materials and persons. To the greatest extent
possible, roadways directly servicing mining operations shall be separated
from office, retail or similar service accesses.
(g)
Loading and unloading. Where appropriate, all required loading and unloading spaces and facilities shall be provided and designed in accordance with § 220-87 of this chapter.
(h)
Grading and landscaping. Where excavation or grading is proposed
around a mineral extraction operation or where existing trees, shrubs
or other existing vegetative cover is to be removed, an erosion and
sedimentation control plan shall be submitted showing what steps are
to be taken to avoid soil erosion. Exposed ground surfaces shall be
paved, stoned or protected with a vegetative cover to prevent erosion
both during and after mining operations.
(i)
Buffer zones. In addition to the setback or yard requirements listed above in this section (regarding the actual location of mining activities on the site), a buffer zone of no less than 50 feet in width shall be provided around the entire perimeter of the site. No buildings or structures shall be erected within this zone, with the exception of fences or screening of natural or other material designed to provide a visual break between the mining activities and the adjacent land uses. It is the intent of this regulation to minimize the effects of such uses on abutting property owners and land uses by providing a buffer strip or "neutral" area to be reserved between the two uses. See also Subsection B(3)(j).
(j)
Fencing. In order to protect the safety of the Township citizens,
fencing shall be placed around all new mining operations and around
old mining operations granted permits to expand under this chapter.
Such fencing shall not be less than six feet in height. Access to
the areas enclosed by the fence shall be carefully controlled to prevent
accidents or unnecessary hazards. A gate or gates, capable of being
locked, shall be utilized in conjunction with the fencing, especially
at times when the mine is not in operation.
(k)
Outdoor lighting. Any outdoor lighting that is installed at
any time shall be installed and shielded in such a manner so as not
to cause glare on adjacent or other private properties or impair the
vision of passing motorists.
(l)
Security and hours of operation. The applicant shall submit
information regarding his proposed hours of operation for the facility(ies)
and his proposed methods for security. In reviewing this information,
the Board of Supervisors shall give consideration not only to the
convenience of the applicant, but also to the security, convenience,
safety and welfare of the area in which the use is to be located.
(m)
State and federal regulations. In addition to the provisions
of this chapter, all other state and federal regulations shall apply.
Of particular significance would be the Federal Surface Mining Control
and Reclamation Act of 1977 and the State's Surface Mining Act.[1] No mineral extraction conditional use permit may be issued
by the Township and no mining operation may be conducted until a current,
valid permit(s) has been issued by the appropriate state and federal
agencies having regulatory authority over mining activities. Operation
of a mine or mining activity conducted without a current, valid permit
as set forth above shall be considered a prima facie violation of
this chapter.
[1]
Editor's Note: See 52 P.S. § 1396.1 et seq.
(n)
Sewage and water facilities.
[1]
Adequate sewage and water facilities must be provided by the
developer. Disposal shall be by on-site (or suitable off-site) disposal
system, approved by the Township's engineer and the Department of
Environmental Protection. Bonds or other financial arrangements to
insure proper maintenance and operation of the sewage system may be
required by the Board of Supervisors before issuance of a permit.
In addition, the construction and maintenance of test wells, or other
means of testing the effluent leaving the site, may be required as
a condition of issuance of the permit.
[2]
When the nature of the proposed mining operation is such that
there is a potential for acid discharge, sediment loading or for acidification
of water leaving the site, the applicant must address this problem
as part of the sewage treatment plan submitted. Water discharged or
leaving the site, including runoff, may not be significantly more
acidic (lower in pH) than the water that was discharged from (or ran
off of) the site before mining operations commenced.
[3]
Water must be obtained from wells located on-site unless arrangement
are made by the developer to obtain water from a well on adjacent
land or from some other source. In the event water is to be obtained
from some source not on-site, the plans for obtaining said water shall
be submitted for review to the Township's engineer to insure that
the source will be adequate for the projected use, and to the Township's
solicitor, to insure that the necessary instruments are properly drawn
to insure a continuing supply.
[4]
In the water quality districts, drawing water from a source
off-site requires a conditional use permit. When such a water source
is proposed, the water source conditional use application and hearing
may be combined with the application and hearing for the overall plan.
[5]
Appropriate permits from state and county agencies regarding
sewage and water facility installations must be presented with the
application for a conditional use. No conditional use permit may be
issued unless all appropriate ordinances have been satisfied.
C.
Inspections. The Zoning Officer shall make inspections of all permitted
mineral extraction operations, including expansions, at least twice
each year, to determine that all conditions of plan approval and permit
issuance are being met.
D.
Reclamation.
(1)
Following the cessation of mining operations, the applicant shall restore the site as closely as possible to its original condition. In the case of an open mine, the strata that have been removed must be replaced in proper order. The applicant shall submit detailed plans and/or proposals indicating the process to be followed to bring about this restoration as an integral part of the application for a mineral extraction conditional use permit. [See Subsection B(2)(d), above, for the specific information to be provided.] The reclamation plan must be designed to address the entire area included in the permit application and must be found acceptable before a permit is issued to begin excavation.
(2)
No application for a new surface mining operation or an expansion
of an existing mine or quarry shall be approved until all previous
sites connected to the present application by either chain of ownership
or physical proximity have undergone appropriate restoration, reclamation
is in progress or until a bond is filed with the Township to guarantee
completion of such work.
(3)
Life of a mineral extraction conditional use permit. No permit shall
be issued that shall be valid for a period in excess of three years.
All permits must be renewed on a yearly basis. The applicant shall
be entitled to a renewal of the permit as long as all the conditions
of his plan approval and original permit are being met.
This use may be permitted only as set forth in Article III and then only as a conditional use. As such, this use must be approved in accordance with § 220-54. The standards set forth in this chapter and all other applicable state, federal or local regulations shall apply. When applications for conditional use zoning permits for such use are reviewed, the following criteria shall be considered. The reviewing agency may require additional information where they feel it is necessary to protect the health, safety and welfare of the Township residents.
A.
AIRPORT ELEVATION
AIRPORT SURFACE
APPROACH, TRANSITIONAL, HORIZONTAL AND CONICAL ZONES
CONICAL SURFACE
HAZARD TO AIR NAVIGATION
HORIZONTAL SURFACE
LARGER THAN UTILITY RUNWAY
NONPRECISION INSTRUMENT RUNWAY
OBSTRUCTION
PRECISION INSTRUMENT RUNWAY
PRIMARY SURFACE
TRANSITIONAL SURFACES
UTILITY RUNWAY
VISUAL RUNWAY
Definitions. As used in this section, unless the context otherwise
requires, the following terms shall have the meaning assigned:
The highest point of an airport's usable landing area measured
in feet from sea level.
A surface longitudinally centered on the extended runway center line extending outward and upward from the end of the primary surface and at the same slope a the approach zone height limitation slope set forth in Subsection C of this section. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.
These zones are set forth in this section.
A surface extending outward and upward from the periphery
of the horizontal surface at a slope of 20 to one for a horizontal
distance of 4,000 feet.
An obstruction determined to have a substantial adverse effect
on the safe and efficient utilization of the navigable airspace.
A horizontal plane 150 feet above the established airport
elevation, the perimeter of which in plan coincides with the perimeter
of the horizontal zone.
A runway that is constructed for and intended to be used
by propeller-driven aircraft of greater than 12,500 pounds maximum
gross weight and jet-powered aircraft.
A runway having an existing instrument approach procedure
utilizing air navigation facilities with only horizontal guidance,
or area type navigation equipment, for which a straight-in nonprecision
instrument approach procedure has been approved or planned.
Any structure, growth or other object, including a mobile
object which exceeds a limiting height set forth in this section.
A runway having an existing instrument approach procedure
utilizing an instrument landing system (ILS) or a precision approach
radar (PAR). It also means a runway for which a precision approach
system is planned and is so indicated on an approved airport layout
plan or any other planning document.
A surface longitudinally centered on a runway. When the runway
has a specially prepared hard surface, the primary surface extends
200 feet beyond each end of that runway; for military runways or when
the runway has no specially prepared hard surface, or planned hard
surface, the primary surface ends at each end of that runway. The
width of the primary surface is set forth in this section. The elevation
of any point on the primary surface is the same as the elevation of
the nearest point on the runway center line.
These surfaces extend outward at ninety-degree angles to
the runway center line and the runway center line extended at a slope
of seven feet horizontally for each foot vertically from the sides
of the primary and approach surfaces to where they intersect the horizontal
and conical surfaces. Transitional surfaces for those portions of
the precision approach surfaces, which project through and beyond
the limits of the conical surface, extend a distance of 5,000 feet
measured horizontally from the edge of the approach surface and at
ninety-degree angles to the extended runway center line.
A runway that is constructed for and intended to be used
by propeller-driven aircraft of 12,500 pounds maximum gross weight
and less.
A runway intended solely for the operation of aircraft using
visual approach procedures.
B.
Airport zones. In order to carry out the provisions of this section,
there are hereby created and established certain zones which include
all of the land lying beneath the approach surfaces, transitional
surfaces, horizontal surfaces and conical surfaces as they apply to
airports in the Township. Such zones are shown approximately on the
Zoning Map. An area located in more than one of the following zones
is considered to be only in the zone with the more restrictive height
limitation. The various zones are hereby established and defined as
follows:
(1)
Utility runway visual approach zone. The inner edge of this approach
zone coincides with the width of the primary surface and is 250 feet
wide. The approach zone expands outward uniformly to a width of 1,250
feet at a horizontal distance of 5,000 feet from the primary surface.
Its center line is the continuation of the center line of the runway.
(2)
Utility runway nonprecision instrument approach zone. The inner edge
of this approach zone coincides with the width of the primary surface
and is 500 feet wide. The approach zone expands outward uniformly
to a width of 2,000 feet at a horizontal distance 5,000 feet from
the primary surface. Its center line is the continuation of the center
line of the runway.
(3)
Runway larger than utility visual approach zone. The inner edge of
this approach zone coincides with the width of he primary surface
and is 500 feet wide. The approach zone expands outward uniformly
to a width of 1,500 feet at a horizontal distance of 5,000 feet from
the primary surface. Its center line is the continuation of the center
line of the runway.
(4)
Runway larger than utility with a visibility minimum greater than
3/4 mile nonprecision instrument approach zone. The inner edge of
this approach zone coincides with the width of the primary surface
and is 500 feet wide. The approach zone expands outward uniformly
to a width of 3,500 feet at a horizontal distance of 10,000 feet from
the primary surface. Its center line is the continuation of the center
line of he runway.
(5)
Runway larger than utility with a visibility minimum as low as 3/4
mile nonprecision instrument approach zone. The inner edge of this
approach zone coincides with the width of the primary surface and
is 1,000 feet wide. The approach zone expands outward uniformly to
a width of 4,000 feet at a horizontal distance of 10,000 feet from
the primary surface. Its center line is the continuation of the center
line of the runway.
(6)
Precision instrument runway approach zone. The inner edge of this
approach zone coincides with the width of the primary surface and
is 1,000 feet wide. The approach zone expands outward uniformly to
a width of 16,000 feet at a horizontal distance of 50,000 feet from
the primary surface. Its center line is the continuation of the center
line of the runway.
(7)
Transitional zones. The transitional zones are the areas beneath
the transitional surfaces.
(8)
Horizontal zone. The horizontal zone is established by swinging arcs
of 5,000 feet radii from the center of each end of the primary surface
of each runway and connecting the adjacent arcs by drawing lines tangent
to those arcs. The horizontal zone does not include the approach and
transitional zones.
(9)
Conical zone. The conical zone is established as the area that commences
at the periphery of the horizontal zone and extends outward therefrom
a horizontal distance of 4,000 feet.
C.
Airport zone height limitations. Except as otherwise provided in
this section, no structure shall be erected, altered or maintained
and no tree shall be allowed to grow in any zone created by this section
to a height in excess of the applicable height limit herein established
for such zone. Such applicable height limitations are hereby established
for each of the zones in question as follows:
(1)
Utility runway visual approach zone. Slopes 20 feet outward for each
foot upward beginning at the end of and at the same elevation as the
primary surface and extending to a horizontal distance of 5,000 feet
along the extended runway center line.
(2)
Utility runway nonprecision instrument approach zone. Slopes 20 feet
outward for each foot upward beginning at the end of and at the same
elevation as the primary surface and extending to a horizontal distance
of 5,000 feet along the extended runway center line.
(3)
Runway larger than utility visual approach zone. Slopes 20 feet outward
for each foot upward beginning at the end of and at the same elevation
as the primary surface and extending to a horizontal distance of 5,000
feet along the extended runway center line.
(4)
Runway larger than utility with visibility minimum greater than 3/4
mile nonprecision instrument approach zone. Slopes 34 feet outward
for each foot upward beginning at the end of and at the same elevation
as the primary surface and extending to a horizontal distance of 10,000
feet along the extended runway center line.
(5)
Runway larger than utility with a visibility minimum as low as 3/4
mile nonprecision instrument approach zone. Slopes 34 feet outward
for each foot upward beginning at the end of and at the same elevation
as the primary surface and extending to a horizontal distance of 10,000
feet along the extended runway center line.
(6)
Precision instrument runway approach zone. Slopes 50 feet outward
for each foot upward beginning at the end of and at the same elevation
as the primary surface and extending to a horizontal distance of 10,000
feet along the extended runway center line; thence, slopes upward
40 feet horizontally for each foot vertically to an additional horizontal
distance of 40,000 feet along the extended runway center line.
(7)
Heliport approach zone. Slopes eight feet outward for each foot upward
beginning at the end of and at the same elevation as the primary surface
and extending to a distance of 4,000 feet along the heliport approach
zone center line.
(8)
Transitional zones. Slopes seven feet outward for each foot upward
beginning at the sides of and at the same elevation as the primary
surface and the approach surface and extending to a height of 150
feet above the airport elevation which is 1,241 feet above mean sea
level. In addition to the foregoing, there are established height
limits sloping seven feet outward for each foot upward beginning at
the sides of and at the same elevation as the approach surface and
extending to where they intersect the conical surface. Where the precision
instrument runway approach zone projects beyond the conical zone,
there are established height limits sloping seven feet outward for
each foot upward beginning at the sides of and at the same elevation
as the approach surface and extending a horizontal distance of 5,000
feet measured at ninety-degree angles to the extended runway center
line.
(9)
Heliport transitional zones. Slopes two feet outward for each foot
upward beginning at the sides of and at the same elevation as the
primary surface and the heliport approach zones and extending a distance
of 250 feet measured horizontally from and at ninety-degree angles
to the primary surface center line and heliport approach zones center
line.
(10)
Horizontal zone. Established at 150 feet above the airport elevation.
(11)
Conical zone. Slopes 20 feet outward for each foot upward beginning
at the periphery of the horizontal zone and at 150 feet above the
airport elevation and extending to a height of 350 feet above the
airport elevation.
D.
Use restrictions. Notwithstanding any other provisions of this section,
no use may be made of land or water within any zone established by
this section in such a manner as to create electrical interference
with navigational signals or radio communication between the airport
and aircraft, make it difficult for pilots to distinguish between
airport lights and others, result in glare in the eyes of pilots using
the airport, impair visibility in the vicinity of the airport, create
bird strike hazards or otherwise in any way endanger or interfere
with the landing, takeoff or maneuvering of aircraft intending to
use the airport.
E.
FAA, Bureau of Aviation filing.
[Added 12-9-2002 by Ord. No. 5-2002]
(1)
A person who plans to erect a new structure, to add to an existing
structure, or to erect or maintain any object (natural or man-made),
in the vicinity of the airport, as defined in 14 Code of Federal Regulations
Part 77.13(a) (as amended or replaced), shall first notify the Federal
Aviation Administration and Pennsylvania Bureau of Aviation to obtain
an obstruction review of the proposal. The Township Zoning Officer
shall not issue a zoning permit unless and until written responses
are received from both the FAA and the Bureau of Aviation. An application
for development shall not be considered complete until written responses
are provided from the FAA and Bureau of Aviation. A permit may be
denied if either the FAA or the Pennsylvania Bureau of Aviation objects
to the proposed development.
(2)
Proposed construction will be reviewed for compatibility using Pennsylvania
Airport Lane Use Compatibility Guidelines. Projects may be disapproved
if found incompatible with airport operations.
F.
G.
Judicial review. Any person aggrieved, or any taxpayer affected,
by any decision of the Township hereunder, may appeal to the Court
of Common Pleas as provided by law.
[Added 12-9-2002 by Ord. No. 5-2002]
These uses may be permitted only as set forth in Article III, and then only as conditional uses. As such, these uses must be approved in accordance with § 220-54. The standards set forth in this chapter, and all other applicable state, federal or local regulations shall apply. When applications for conditional use zoning permits for such uses are reviewed, the following criteria shall be considered. The Board of Supervisors may require additional information where they feel it is necessary to protect the health, safety and welfare of the Township residents.
A.
Definition. For the purposes of this chapter, an "adult business
or entertainment" is any establishment which:
(1)
In whole or part sells, leases, dispenses or displays publications,
photographs, drawings, posters, films, videos or reproductions of
any type depicting explicit or implicit sex acts or lewdness which,
under the State Obscenity Code, must exclude minors or may not knowingly
disseminate to minors; or
(2)
Exhibits or permits the exhibition of live sexual acts or implied
sexual acts or solicits or permits solicitation of persons and/or
animals for purposes of indulging in sexual relations or implied sexual
relations as defined by the State Obscenity Code.
B.
General design and review criteria.
(2)
One parking space shall be provided for each 100 square feet of building
area.
(3)
Parking shall be located in front of the establishment but not in
the front yard setback.
(4)
The premises shall be screened on the sides and rear by evergreen
plantings of at least five feet in height at time of planting.
(5)
Adult businesses must provide a guard at all times in the video area
to prevent sexual contacts or solicitations or more than one person
occupying a booth.
(6)
No personal contact in the form of providing sexual services shall
be permitted.
(7)
No more than any one person shall be permitted in a video booth at
any one time.
(8)
Hours of operation shall be limited from 9:00 a.m. to 9:00 p.m.
These uses may be permitted only as set forth in Article III and then only as conditional uses. As such, these uses must be approved in accordance with § 220-54. The standards set forth in this chapter and all other applicable state, federal or local regulations shall apply. When applications for conditional use zoning permits for such areas are reviewed, the following criteria shall be considered. The Board of Supervisors may require additional information where they feel it is necessary to protect the health, safety and welfare of the Township residents.
A.
Definition. For the purposes of this chapter, "essential services"
shall include facilities for the distribution of utility services
including gas, electric, steam, water, sewerage, telephone and similar
services. Local distribution lines that provide retail essential services
to individual retail customers that do not require any additional
rights-of-way or property of their own are exempted.
B.
Essential services shall meet the following site standards:
(1)
Maintain the character of the zoning district in which they are proposed.
(2)
Are located so as not to hinder the natural or presumed development
of the area or detract from the value of existing development.
(3)
Do not constitute a safety or health hazard, a nuisance or have a
noxious effect on the surrounding uses either to appearance or operations.
(4)
Operating requirements necessitate the location of such uses and
buildings within the zoning district to serve the uses in the immediate
vicinity of the essential service.
C.
Business facilities (e.g., administrative offices, repair facilities,
storage areas for equipment and materials, etc.) of any essential
service shall only locate in commercial or industrial zones for which
such similar uses are allowed.
[Amended 3-16-1998 by Ord. No. 2-1998]
These uses may be permitted only as set forth in Article III, and then only as conditional uses. As such, these uses must be approved in accordance with § 220-54. The standards set forth in this chapter, and all other applicable state, federal or local regulations shall apply. Any use proposed under this section shall comply with the infectious and chemotherapeutic waste regulations of the Pennsylvania Department of Environmental Protection. When applications for conditional use zoning permits for such uses are reviewed, the following criteria shall be considered. The Board of Supervisors may require additional information where they feel it is necessary to protect the health, safety and welfare of the Township residents.
A.
Definition.
B.
General design and review criteria.
(1)
The applicant shall provide proof of issuance of a kennel permit
from the PA Department of Agriculture prior to the issuance of a building/zoning
permit.
(2)
Minimum lot size is three acres.
(4)
Outside enclosures cannot be used from 8:00 p.m. to 8:00 a.m.
(5)
Off-street parking requirements. One space per 200 square feet of
floor area of the veterinary building.
(6)
Screening. All outdoor enclosures visible from adjoining residential
properties must be screened with fully obscuring fences or landscaping
that provides year-round visual opaqueness.
General design and review criteria:
B.
All outdoor storage of fuel, raw materials and products shall be
completely screened from view from any public right-of-way and any
residential district and/or uses by a sight-obscuring evergreen planting,
fence or wall.
C.
All discarded organic rubbish or garbage stored outdoors shall be
placed in watertight, verminproof containers.
D.
A stormwater management plan must be developed and implemented for
each permitted application.
E.
A soil erosion and sedimentation plan must be prepared for each permit
application and filed with the Township and the Centre County Conservation
District.
Operational regulations:
A.
Noise.
(1)
All sound-level measurements shall be made with a sound-level meter
meeting the requirements of the standards of the American National
Standards Institute, Incorporated (ANSI) or its successor body. No
use within this category shall create a sound level which exceeds
the limits set forth in the following table for the receiving land
use category shown:
|
Receiving Land Use Category
|
Time
|
Sound Level Limit
(dBA)
| |
|---|---|---|---|
|
Residential
|
7:00 a.m. to 10:00 p.m.
|
60
| |
|
10:00 p.m. to 7:00 a.m.
|
55
| ||
|
Commercial or agricultural
|
7:00 a.m. to 10:00 p.m.
|
65
| |
|
10:00 p.m. to 7:00 a.m.
|
60
| ||
|
Industrial
|
At all times
|
75
|
(2)
The following activities or sources are exempt from these noise standards:
B.
General design and review criteria.
(2)
All outdoor storage of junk, raw materials, fuel and petroleum products
shall be completely screened from view from any public right-of-way
and commercial or residential district and or uses by a sight-obscuring
evergreen planting, fence or wall. If the proposed use is a junkyard,
then it shall be completely enclosed by a wall or fence of a uniform
design, texture and structure not less than eight feet in height.
(3)
The placement of any materials or junk shall be stored or arranged
so as to permit access by firefighting equipment and to prevent the
accumulation of stagnant water. Materials or junk shall be placed
in rows with at least 20 feet between each double row so as to permit
movement of firefighting equipment. Material or junk shall not be
piled to a height of more than six feet from the ground.
(4)
All gasoline and fluids shall be drained from any junked vehicle and stored in a manner consistent with Subsection B(1), above, within 12 hours from arrival on said premises of the junked vehicle.
(5)
All discarded organic rubbish or garbage stored outdoors shall be
placed in watertight, verminproof containers.
(6)
A stormwater management plan must be developed and implemented for
each permit application.
(7)
A soil erosion and sedimentation plan must be prepared for each permit
application and filed with the Township and the Centre County Conservation
District.
(8)
No burning of any junk, rubbish or other material connected with
use under this section is permitted.
A.
These uses may be permitted only as set forth in Article III. Where permitted as a conditional use, the standards set forth in § 220-71 shall be applied. The Board of Supervisors may require additional information where they feel it is necessary to protect the health, safety and welfare of the Township residents. The standards set forth in this chapter, and all other applicable state, federal or local regulations shall apply.
[Added 2-8-2010 by Ord. No. 1-2010]
A.
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.
B.
FLICKER
OCCUPIED BUILDING
SHADOW FLICKER
SMALL WIND ENERGY SYSTEM
TOWER
TOWER HEIGHT
WIND ENERGY SYSTEM
WIND GENERATOR
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A repeating cycle of changing light intensity.
A residence, school, hospital, church, public library or
other building used for public gathering that is occupied or in use
when a permit application is submitted.
The on-and-off flickering effect of a shadow caused when
the sun passes behind the rotor of a wind turbine.
A wind energy conversion system which has a rated capacity
of up to 100 kilowatts and which is incidental and subordinate to
a permitted use on the same parcel. A system is considered a small
wind energy system only if it supplies electrical power solely for
on-site use, except that when a parcel upon which the system is installed
also receives electrical power supplied by a utility company, excess
electrical power generated and not presently needed for on-site use
may be used by the utility company.
A monopole, freestanding, or guyed structure that supports
a wind generator.
The height above grade of the fixed portion of the tower,
excluding the wind turbine and blades.
A wind generator and all associated equipment, including
any base, blade, foundation, nacelle, rotor, tower, transformer, vane,
wire, inverter, batteries and/or other component necessary to fully
utilize the wind generator.
Equipment that converts energy from the wind into electricity.
Includes the rotor, blades, and associated mechanical and electrical
conversion components necessary to generate, store, and/or transfer
energy.
C.
Review and permitting.
(1)
Small wind energy system shall be permitted as an conditional use
on any lot of at least one acre in size located in the Agricultural,
Open Space/Forest, Commercial, PCI and Industrial Zoning Districts,
subject to compliance with the following ordinance provisions.[1]
(2)
A zoning permit and building 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.
(a)
In addition to any other requirements or application procedures,
the zoning permit application shall be accompanied by a plot plan
that includes the following:
[1]
Property lines and physical dimensions of the property;
[2]
Location, dimensions, and types of existing principal and accessory
structures on the property;
[3]
Location of the small wind energy system tower;
[4]
The right-of-way delineation of any public road that is contiguous
with the property;
[5]
Any overhead utility lines;
[6]
Any easements;
[7]
Small wind energy system specifications, including manufacturer
and model, rotor diameter, tower height, tower type;
[8]
Detailed tower and tower foundation drawings, stamped and sealed
by a Pennsylvania licensed professional engineer;
[9]
A map of the 200 feet area surrounding the subject site showing
all affected lands and structures at a legible scale;
[10]
Proof of FAA notification.
D.
Tower height. Tower heights of not more than 80 feet shall be allowed
on parcels between one and five acres. Properties over five acres
may have tower heights up to and including 140 feet.
E.
Setbacks. Setbacks for the system tower shall be no closer to the
property line than the height of the system and/or zoning setbacks
for said district.
F.
Compliance.
(1)
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.
(2)
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.
(3)
Small wind energy systems shall comply with all applicable FAA regulations,
including any necessary approvals for installations close to airports.
(4)
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.
G.
Noise and interference.
(1)
Decibel levels for the system shall not exceed 60 decibels (dBA)
measured at the property line, except during short-term events such
as utility outages and gale-force wind conditions.
(2)
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.
(3)
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 sites
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.
H.
Appearance and lighting.
(1)
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 will have any flags, streamers, banners, or other
decorative items that extend from any part of the system placed on
it at any time.
(2)
A small wind energy system shall not be artificially lighted unless
such lighting is required by the Federal Aviation Administration.
I.
Safety features.
(1)
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.
(2)
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.
(3)
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.
(4)
No portion of the small wind energy system blade shall extend within
20 feet of the ground.
J.
Notification.
(1)
No small wind energy system shall be installed until evidence has
been given that the utility company has been informed of the customers'
intent to install an interconnected customer-owned generator. Off-grid
systems shall be exempt from this requirement.
(2)
When application is made for approval of a small wind energy system,
adequate notice shall be mailed to the owners by the applicant of
all properties adjacent to the site.
K.
Removal.
(1)
A small wind energy system that is out of service for a continuous
twelve-month period will be deemed to have been abandoned. Nonfunction
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 purchase of energy from the small wind
energy system if requested.
(2)
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, associated with
system removal.
L.
Violations. It is unlawful for any person to construct, install,
or operate a small wind energy system that is not in compliance with
this section or any condition contained in a building permit issued
pursuant to this section. Small wind energy systems installed prior
to adoption of this section are exempt.
