Exciting enhancements are coming soon to eCode360! Learn more 🡪
Borough of Forty Fort, PA
Luzerne County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Code
New Laws (3) Index
[Ord. No. 2018-2, 11/5/2018]
The purpose of a use classified as a conditional use is to provide expressed standards to regulate uses classified as such in particular zoning districts, as provided in Part 5 of this chapter.
[Ord. No. 2018-2, 11/5/2018]
The authority for approving or denying applications for uses permitted as a conditional use shall be vested in the Forty Fort Borough Council, with the Forty Fort Borough Council Planning Commission having the authority to review and submit their recommendations to the Borough Council. Decisions by the Borough Council shall be made in accordance with standards and criteria set forth in this Part, any studies and reports required within the context of an impact analysis, as so defined in Part 2 of this chapter, the respective zoning district in which the use is located, all other applicable regulations of this chapter, other ordinances of the Borough and all applicable state and/or federal regulations.
[Ord. No. 2018-2, 11/5/2018]
1. 
Uses classified as a conditional use shall be required to file a zoning permit application, a conditional use application for hearing before the Borough Council, a copy of the deed to the property that includes the property identification number of the subject parcel and a site plan drawn at a scale of not greater than:
A. 
An application for a conditional use permit shall be submitted to the Zoning Officer with a site plan at a scale of not greater than: one inch equals 50 feet for properties in excess of two acres; or one inch equals 20 feet for properties having dimensions of two acres or less. Such plan shall, at minimum, include:
(1) 
The location and size of all buildings and structures, both principal and accessory, both existing and proposed.
(2) 
The location of all off-street parking areas and/or loading and unloading areas.
(3) 
The location of all open space areas, including buffer areas and fencing, as applicable.
(4) 
Traffic access to the site and internal traffic circulation including the width and pavement of traffic lanes, and aisle widths.
(5) 
All streets, both public and private within 100 feet of the site, including right-of-way and cartway widths.
(6) 
Streams, ponds, watercourses, wetlands, or any other types of bodies of water, including natural or man-made drainage swales, located on the site or within 100 feet of the site.
(7) 
Any areas of the property that are subject to flooding including but not limited to the most recent boundaries of any FEMA designated 100-year floodplains or flood-prone areas of the Borough.
(8) 
The location, nature and terms of any existing or proposed easements on the site, and any easements both on site and off site which are used or intended to be used for access to the site, including the name and address of the owner or owners granting such easement.
(9) 
A location map at a scale of not greater than one inch equals 2,000 feet, indicating the relation of the site to its geographic proximity within the Borough.
(10) 
In cases when a proposed use includes new construction and/or grading of the site, the applicant, in addition to compliance with the Borough Stormwater Management Ordinance,[1] shall provide upon the site plan the contours of the site at vertical intervals of:
(a) 
Not more than five feet for land with an average natural slope of 5% or less.
(b) 
Not more than 10 feet for land with an average natural slope exceeding 5%.
(c) 
Not more than 20 feet for land with an average natural slope exceeding 15%.
[1]
Editor's Note: See Ch. 23, Stormwater Management.
(11) 
If applicable, the applicant shall submit a soil erosion and sedimentation plan and/or NPDES permit for review and approval by the Luzerne County Conservation District.
(12) 
The applicant shall submit with the site plan a narrative that outlines and fully describes all proposed uses or development of the site, along with all pertinent operational aspects, features and/or activities related to the proposed uses or development of the site.
(13) 
The applicant shall supply any other information required by the Forty Fort Borough Council for determining the conformance of the conditional use with the regulations for that particular use.
B. 
Prior to approving or denying an application for a conditional use, the Borough Council shall conduct a public hearing pursuant to public notice. The Borough Council shall submit the application for the proposed conditional use to the Forty Fort Borough Planning Commission, not less than 30 days prior to the public hearing, to allow the Planning Commission to submit any such recommendations as it may deem appropriate.
C. 
The public hearing shall be held and conducted in accordance with the same procedural guidelines, which govern the Zoning Hearing Board under Part 14 of this chapter. The term "Borough Council" shall replace the term "Zoning Hearing Board" in relevant passages of said Part.
D. 
The Borough Council shall convene a hearing on a conditional use application within 60 days from the date of the applicant's request, unless the applicant has agreed in writing to an extension of time. The sixty-day time period shall not commence until the applicant has submitted a properly completed application, with all required signatures and all required fees. Each subsequent hearing shall be held within 45 days of the prior hearing unless otherwise agreed to by the applicant in writing or on the record.
E. 
The Borough Council shall render a final decision on a conditional use application, within 45 days following the conclusion of the last public hearing. If the Borough Council fails to render a final decision within 45 days following the conclusion of the last public hearing, the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed in writing or on the record to an extension of time.
(1) 
If the Borough Council fails to conduct or complete the required hearing as provided for under § 27-1406, Subsection 1D, of this chapter, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time.
(2) 
When a decision has been rendered in favor of the applicant because of the failure of the Borough Council to meet or render a decision as hereinabove provided, the Borough Council shall give public notice of the decision within 10 days from the last day it could have met to render a decision in the same manner as required by public notice. If the Borough Council fails to provide such notice, the applicant may do so.
F. 
The Borough Council may grant an approval for a conditional use upon its determination that adequate evidence and information has been provided, which indicates the applicant's proposal meets the general and specific requirements for the type of conditional use in question, and any additional conditions and safeguards deemed necessary to protect the public health, safety and general welfare.
[Ord. No. 2018-2, 11/5/2018]
1. 
The general standards contained herein shall be utilized in the review of applications and plans for any use which is classified as a conditional use.
A. 
The proposed use shall not jeopardize community development objectives, and is generally consistent with those as set forth in Part 1 of this chapter.
B. 
Public services and facilities such as streets, sewers, water, police, and fire protection shall be adequate for the proposed use and/or development.
C. 
Existing streets and proposed access to the site shall be adequate regarding the width and pavement for emergency service vehicles.
D. 
The proposed use shall not adversely affect the public health, safety and welfare due to changes in traffic conditions. Existing streets and proposed access to the site shall be adequate to accommodate anticipated traffic volumes in a manner that avoids undue traffic congestion, and provides for the safety and convenience of pedestrian and vehicular traffic. The proposed use shall not result in unsafe or dangerous traffic conditions.
E. 
The proposed use shall be compatible with adjoining development and the character of the zoning district and neighborhood in which it is proposed to be located. The nature and intensity of the operation of the proposed use shall be considered regarding its compatibility or lack thereof.
F. 
The proposed use shall not adversely affect neighborhood property values and aesthetic characteristics in the neighborhood where it is proposed to be located.
G. 
The proposed use shall not adversely affect the public health, safety and welfare as related to drainage, air quality, noise and natural features of the land. The proposed use and/or development shall not be more objectionable in its operations in terms of noise, fumes, odors, vibration, or lights than would be the operations of any permitted use in the subject zoning district.
H. 
The submission of any reports and/or studies, required by the Borough Council within the context of the definition "impact analysis" as contained/defined in Part 2 of this chapter, which conclusively demonstrates that the proposed use or development will not have a negative impact upon the particular subject or subjects as defined by the Borough Council, in requiring such reports and/or studies.
I. 
The proposed use and/or development shall not be injurious to the public interest.
2. 
In granting approval, the Borough Council may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter and the Pennsylvania Municipalities Planning Code, Act 247, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Ord. No. 2018-2, 11/5/2018]
In addition to all other requirements, an environmental impact statement shall be required for any use/development which is classified as a conditional use. The Borough Council, at its sole discretion, may exempt a use from the submission of an environmental impact statement, in whole or in part. Consideration of an exemption must be preceded by a written request submitted by the applicant which addresses the basis for the requested exemption. The purpose of the environmental impact statement is to disclose the environmental consequences of a proposed action. This requirement is designed to protect the natural environment with respect to water quality, water supply, soil erosion, pollution of any kind, flooding and waste disposal. The intent is to preserve trees and vegetation, to protect watercourses, air quality, aquifers and the quality of life throughout Forty Fort Borough and its environs. An environmental impact statement shall require a site plan which illustrates the applicable information for following items and/or a written response to the following items for said proposed use/development which is classified as a conditional use:
1. 
Soil Types.
A. 
U.S.D.A. soil types (illustrated upon map).
B. 
Permeability of soil on the site.
C. 
Rate of percolation of water through the soil for every five acres.
2. 
Surface Waters.
A. 
Distance of site from the nearest surface water and headwaters of streams.
B. 
Sources of runoff water.
C. 
Rate of runoff from the site.
D. 
Destination of runoff water and method of controlling downstream effects.
E. 
Chemical additives to runoff water on the site.
F. 
Submission of a soils erosion and sedimentation control plan meeting the requirements of the Luzerne County Conservation District.
G. 
A stormwater management plan which shall be developed in coordination with the soils erosion and sedimentation plan.
3. 
Ground Cover Including Trees.
A. 
Extent of existing impervious ground cover on the site.
B. 
Extent of proposed impervious ground cover on the site.
C. 
Extent of existing vegetative cover on the site.
D. 
Extent of proposed vegetative cover on the site.
4. 
Topography.
A. 
Maximum existing elevation of site.
B. 
Minimum existing elevation of site.
C. 
Maximum proposed elevation of site.
D. 
Minimum proposed elevation of site.
E. 
Description of the topography of the site and all proposed changes in topography.
5. 
Groundwater.
A. 
Average depth to seasonal high water table.
B. 
Minimum depth to water table on site.
C. 
Maximum depth to water table on site.
6. 
Water Supply.
A. 
The source and adequacy of water to be provided to the site.
B. 
The projected water requirements (G.P.D.) for the site.
C. 
The uses to which the water will be put.
7. 
Sewage System.
A. 
Sewage disposal system (description and location on the site of system).
B. 
Expected content of sewage effluents (human waste, pesticides, detergents, oils, heavy metals, and other chemicals).
C. 
Projected daily volumes of sewage.
D. 
Affected sewage treatment plant's present capacity and design capacity.
8. 
Solid Waste.
A. 
Estimated quantity of solid waste to be developed and/or processed on the site during and after construction.
B. 
Method of disposal and/or processing of solid waste during and after construction.
C. 
Plans for recycling of solid waste during and after construction.
9. 
Air Quality.
A. 
Expected changes in air quality due to activities at the site during and after construction.
B. 
Plans for control of emissions affecting air quality.
10. 
Noise.
A. 
Noise levels, above existing levels, anticipated to be generated at the site (source and magnitude), during and after construction.
B. 
Proposed method for control of additional noise on site during and after construction.
11. 
Impact of Proposed Use/Development. A description of the impacts on the environment and mitigating factors shall be provided for the following:
A. 
Existing plant species, (upland and marine), and effects thereon.
B. 
Existing animal species and effects thereon.
C. 
Existing wild fowl and other birds and effects thereon.
D. 
Effects of drainage and runoff.
E. 
Effects on groundwater quality.
F. 
Effects on surface water quality.
G. 
Effects on air quality.
H. 
Alternatives to proposed use/development, consistent with the zoning of the site.
I. 
Projected amount and type of traffic to be generated and the effects of the same on public roads and highways.
12. 
Impact Upon Critical Areas. The applicant shall define, describe and identify upon a map, critical areas as defined in Part 2 of this chapter. A statement of any potential impact upon critical areas shall be provided by the applicant, including but not limited to adverse impacts which cannot be avoided and/or mitigated as a resulting effect of the development.
13. 
Other Governmental Jurisdiction. A list of all licenses, permits and other approvals required by county, state or federal law and the status of each.
14. 
Review Procedure of Environmental Impact Statement.
A. 
Upon receipt of an environmental impact statement, the Borough Council shall promptly forward the environmental impact statement to the Borough Planning Commission, the Borough Planning Consultant, the Borough Engineer and any other agency, firm or individual which the Borough Council may desire for its consultation and input.
B. 
The Planning Commission shall review the applicant's environmental impact statement and provide the Borough Council with its comments and recommendations within 30 days from the date of its submission to the Planning Commission.
C. 
The Borough Council shall have the discretion to retain the expertise of appropriate parties in their review of the environmental impact statement.
D. 
In the event that any information, data, and/or impact analysis indicates a projected and/or potential adverse impact, the applicant shall fully mitigate such impact. A determination of a potential adverse impact which may result, based upon the environmental impact statement or the Borough Council' review of the same, shall constitute sufficient basis for the denial of a conditional use permit.