|
A.
|
Applicable standards. In addition to all other applicable standards in this chapter, the standards in this Article VIII, which may include larger lot sizes, increased setbacks and other standards more restrictive than established by other chapter sections, shall apply to the uses as provided in the following sections. The omission from a section of a reference to other applicable requirements shall not exempt compliance with such requirements.
[Amended 1-25-2016 by Ord. No. 2016-02] |
|
B.
|
Minimum required area. There shall be no ambiguity or alternate interpretation of the provisions of this Article VIII related to the minimum land area required for specific uses. Area of land, land area, lot size, parcel area, parcel size, tract area and any similar terms as related to the minimum area required shall be determined in accord with the definition of "lot area, minimum required" in § 400-303.
[Amended 1-25-2016 by Ord. No. 2016-02] |
[Added 1-25-2016 by Ord.
No. 2016-02]
Agriculture products processing and agricultural products processing for products raised on the premises shall, in addition to all other applicable standards of this chapter, be subject to the following standards. (See § 400-846 for slaughterhouses which is a type of agricultural products processing regulated as a separate use with specific standards.)
A.
Parcel size. A minimum parcel of five acres shall be required in
all districts except the I Industrial District, where the minimum
required lot size for the I District in Part 3 of the Schedule of
Development Standards[1] shall apply.
[1]
Editor's Note: The Schedule of Development Standards is included as an attachment to this chapter.
B.
Setbacks. The minimum setbacks for all buildings shall be 100 feet
from property lines and road rights-of-way in all districts except
the I Industrial District, where the minimum required setbacks for
the I Industrial District in Part 4 of the Schedule of Development
Standards[2] shall apply.
[2]
Editor's Note: The Schedule of Development Standards is included as an attachment to this chapter.
C.
Other requirements. See also § 400-702E, Operations and storage, which requires all operations to be in a building, § 400-702H, Noise, § 400-702U which requires proof of compliance with state and federal regulations, § 400-704, Environmental impact statement, and § 400-709, Traffic impact statement.
The standards in this § 400-803, in addition to other applicable standards in this chapter, shall apply to all existing and proposed airports and heliports as defined and regulated by this chapter.
A.
Conditional use. The existence of airport hazard zones limits the uses of surrounding landowners. No airport shall be permitted to make any change which would affect the location of airport surface zones, approach zones, or hazard zones, and no new airport shall be developed unless conditional use approval has been granted. In addition to the requirements of § 400-1209, the following procedures and criteria shall apply to any airport conditional use application. The following shall constitute changes at an airport requiring conditional use approval prior to the change:
(1)
Any extension of a runway's length or location;
(2)
Any change in the height of a runway;
(3)
The paving of any previously unpaved portions of a runway, taxiway
or holding area if such paving results in any change in airport rating
category under 67 Pa. Code § 471.5, as amended, effecting
or altering the location or extent of any airport hazard zone;
(4)
Any change of runway direction or alignment;
(5)
Any change in the status of taxiways or holding areas affecting
the location or extent of any airport hazard zones;
(6)
Any change in airport rating category under 67 Pa. Code § 471.5,
as amended, effecting or altering the location or extent of any airport
hazard zone.
(7)
Any other physical, legal or rating change, or change in methods
of operation, flight paths or change in instrumentation or technology
resulting in a change in the location or extent of any airport hazard
zone.
B.
Application contents. The application for conditional use shall contain
the following documents and information:
(1)
A full narrative description of the airport and any changes
proposed.
(2)
Plans and maps prepared by a registered professional engineer
showing the airport and any changes proposed to the airport.
(3)
Plans and maps prepared by a registered professional engineer
showing existing and proposed locations of the airport hazard zones.
(4)
Copies of all applications, correspondence, documents, maps
or plans submitted to the FAA and the Bureau of Aviation relating
to the proposed change or construction, rating change, or other rating,
legal or physical change.
(5)
A plan showing how the lands or air rights negatively affected
shall be acquired, if necessary.
(6)
A list of the names and addresses of all landowners negatively
affected by the proposed airport or change within a height of 75 feet
from the surface of said lands by the change in airport hazard zones.
(7)
A list of the names and addresses of all landowners adjoining
lands owned or leased by the airport owner.
C.
Engineering review. The Township Engineer shall review the application
and report whether the application to the Planning Commission complies
with all applicable ordinances, laws and regulations relating to airport
hazard zones. The Township Engineer shall also report how the proposed
airport or change will affect neighboring landowners and landowners
in airport hazard zones. The Township Engineer shall also review and
report on expected obstructions to aircraft resulting from the airport
or change, and upon the adequacy, feasibility and practicality of
the applicant's plan to acquire the necessary air rights.
D.
Notice to FAA, the Bureau of Aviation, and the county. The Zoning
Officer shall send a copy of the completed application to the Bureau
of Aviation, FAA and the County Planning Department by certified mail
at least 14 days before the date of the hearing.
E.
Criteria to review. In acting on a conditional use, the Supervisors
shall consider:
(1)
The effect upon reasonable use of properties affected by the
proposal.
(2)
How the applicant plans to acquire any necessary air rights.
(3)
The character of the flying operations expected to be conducted
at the airport;
(4)
The nature of the terrain within the airport hazard zone area;
(5)
The character of the community which is affected by the proposal;
(6)
The effect upon roads, development, transportation routes, and
other aspects of the Township's Comprehensive Plan;
(7)
The provision of hazard lighting and marking;
(8)
The importance of aircraft safety.
F.
Runway and landing pad setbacks. The edges and ends of any runway
and/or helicopter landing pad shall be a minimum of 250 feet from
any property line.
Amusement parks are classified as conditional uses in certain
districts, and in addition to all other applicable standards of this
chapter, amusement parks shall be subject to the following standards:
A.
Parcel size. A minimum parcel of five acres shall be required.
B.
Fencing. A fence not less than six feet in height and of such design
to restrict access shall completely surround the amusement park; and
said fence shall not be placed less than 10 feet from any property
line or public road right-of-way.
C.
Structure height. No ride, structure or other amusement attraction
shall be located closer to any setback line than the height of said
ride, structure or amusement.
D.
Hours of operation. Hours of operation shall be limited to the period
between 9:00 a.m. and 11:00 p.m.
A.
State-protected agricultural operations. Nothing in this chapter
is intended to preclude the rights and protections of bona fide agricultural
operations afforded by the Pennsylvania Right to Farm Law, as amended;[1] the Pennsylvania Agricultural Securities Area Law, as
amended; and other applicable state statutes. Such rights and protections,
in terms of limiting the application of the standards in this chapter,
shall be afforded to such uses of land which meet the minimum definition
of agricultural use as established by the applicable state statute.
[1]
Editor's Note: See 3 P.S. § 951 et seq.
B.
Animal husbandry, commercial.
(1)
Minimum parcel size. The minimum parcel size for animal husbandry
shall be 10 acres plus the minimum required lot area required for
the district if a dwelling is located on the parcel.
(2)
Setbacks. Any barn or other indoor or outdoor area used for
concentrated confinement of animals or manure storage shall not be
less than 50 feet from any property line or road right-of-way.
C.
Animal husbandry, home use. (See § 400-806B for private horse stables.) A reasonable number of customary domestic animals may be kept on a residential lot without a zoning permit.
(1)
Reasonable number. Defined as the amount of animals an individual
can manage within the restrictions of this chapter.
(2)
Confinement/fences. All animals shall be confined within the
owner's property. All fences used to confine animals shall maintain
a setback of not less than five feet from all property lines.
(3)
Nuisance. All premises shall be subject to all provisions of
Township nuisance ordinances.
(4)
Hoofed animals. The keeping of cattle, goats, sheep, pigs or
other hoofed animals not customarily considered pets shall require
a minimum lot area of three acres plus an additional acre for each
animal in addition to the first animal.
(5)
Setbacks. Stables, coops, runways or animal exercise pens shall
be located more than 50 feet from lot lines or road right-of-way lines.
Fences used to define a pasture shall maintain a setback of five feet
from all property lines.
(6)
Wastes. All animal waste shall be managed to prevent any violation
of the Township Nuisance Ordinance.
D.
Crop production. Crop production shall be permitted in any district
on any size of parcel of land.
|
Table 806
Lot Size and Setbacks for Kennels and Stables
| |||||
|---|---|---|---|---|---|
|
Type of Use
|
Minimum Lot Size
(acres)
|
Land Requirements for Horses
|
Property Line Setback
(feet)
|
Road** Setback
(feet)
|
Existing Building*** Setback
(feet)
|
|
Private stables in all districts
|
3
|
1 acre per horse*
|
50
|
50
|
100
|
|
Commercial stables/horses for hire
|
25
|
1 acre per horse
|
100
|
75
|
100
|
|
Animal shelters and kennels
|
5
|
Not applicable
|
100
|
100
|
200
|
|
NOTES:
| |
|
*
|
In addition to the minimum lot size required for the principal
use.
|
|
**
|
Applies to any public or private road right-of-way.
|
|
***
|
Applies to any existing principal residential or commercial
building not located on the project premises.
|
A.
Animal shelters and kennels.
(1)
Parcel size. A minimum parcel of five acres shall be required.
(2)
Setbacks. Any structure, outdoor kennels, or animal exercise
areas used for the keeping of animals shall meet the setbacks on Table
806.
(3)
Parking. Adequate off-street parking shall be provided pursuant
to this chapter with one space for each nonresident employee and one
space per four animals kept on the premises.
(4)
Noise barrier. A noise barrier consisting of a solid fence not
less than six feet in height or a dense vegetative planting of not
less than six feet in height shall be provided at a distance not to
exceed 15 feet and fully encircling all kennel areas or animal exercise
areas not enclosed in a building.
(5)
Hours outdoors. All animals shall be restricted from using kennel
areas not fully enclosed in a building from dusk to 8:00 a.m.
(6)
Wastes. All waste materials generated on the premises shall be disposed of at a PADEP-approved facility, and a detailed plan for the same shall be included with the zoning application. In any case, all animal wastes shall be stored in watertight containers in an area meeting the setbacks in § 400-806A(2) until disposed of, and proof of such disposal shall be provided to the Township upon request.
(7)
Nuisances. All animal wastes shall be stored in an area meeting the setbacks in § 400-806A(2) and shall be disposed of properly. The kennel shall not create any nuisance due to odor, noise, dust or other factor on any neighboring property.
B.
Stables, private. Private stables are permitted as an accessory use
to a single-family residence in accord with the Schedule of Uses and
the following conditions:
(1)
Parcel size. A minimum parcel of three acres shall be required.
(2)
Number of horses. One horse may be kept on the initial three
acres plus one additional horse for each additional full acre.
(3)
Building size. The building used to house a horse shall meet
the most current Society for the Prevention of Cruelty to Animals
standards.
(4)
Fences. All horses shall be restricted from grazing or intruding
on an adjoining property by adequate fences or other means. All such
fences shall maintain a setback of not less than five feet from all
property lines.
(5)
Parking. Adequate off-street parking and loading areas shall
be provided pursuant to this chapter.
(6)
Setbacks. Any stable building or corral or other indoor or outdoor
area used for feeding of animals, concentrated confinement of animals
or manure storage shall meet the setbacks on Table 806.
(7)
Existing structures. On parcels meeting the minimum parcel size
requirement, the use of an existing structure for housing of horses,
where the structure does not meet the required setbacks on Table 806,
may be permitted as a conditional use, provided the applicant can
document that no nuisances will be created due to noise, odor or other
factors, and the Township can establish adequate conditions to assure
the same.
(8)
Nuisances; manure management. The operation of the stable shall
not create any nuisance due to odor, noise, dust or other factor on
any neighboring property and the applicant shall provide a plan for
soil erosion and sedimentation control and manure management for approval
by the Township.
(9)
Uses permitted. The following types of uses shall be permitted
as part of the operation:
C.
Stables, boarding, commercial and horses for hire. Commercial stables,
including horses for hire, shall, in addition to all other applicable
requirements of this chapter, comply with the following requirements:
(1)
Parcel size. A minimum parcel of 25 acres shall be required
and a single-family residence for the owner or manager shall be permitted
on the premises, provided all other provisions of this chapter and
other applicable standards are met.
(2)
Number of horses. The number of horses permitted shall not exceed
one horse per every one acre of land.
(3)
Building size. The building used to house the horses shall meet
the most current Society for the Prevention of Cruelty to Animals
standards.
(4)
Fences. All horses shall be restricted from grazing or intruding
on an adjoining property by fences or other means. All such fences
shall maintain a setback of not less than five feet from all property
lines.
(5)
Parking. Adequate off-street parking shall be provided pursuant
to this chapter with one space provided for each nonresident employee
and one space per two horses kept on the premises.
(6)
Setbacks. Any stable building or corral or other indoor or outdoor
area used for feeding of animals, concentrated confinement of animals
or manure storage shall meet the setbacks on Table 806.
(7)
Nuisances; manure management. The operation of the stable shall
not create any nuisance due to odor, noise, dust or other factor on
any neighboring property, and the applicant shall provide a plan for
soil erosion and sedimentation control and manure management for approval
by the Township.
(8)
Uses permitted. The following types of uses shall be permitted
as part of the horse farm operation:
(a)
Breeding, raising, keeping and sale of horses, and necessary
buildings and structures.
(b)
Training of horses, and necessary buildings and structures,
including facilities for training only, which are set back in accord
with Table 806.
(c)
Boarding of horses and necessary buildings and structures.
(d)
The hire of horses for riding or other use by persons other
than the owners of the horses or the owners' guests.
(e)
Sale of horses other than the horses raised or boarded on the
premises.
(f)
Retail sales of any goods or merchandise which are incidental
and accessory to the stable use.
D.
Wild or exotic animals. The keeping or housing of any wild or exotic animal, as defined in § 400-303, is prohibited in association with any residential use. The public exhibition or exposure of wild or exotic animals is considered a zoo or a menagerie, which are not permitted in Polk Township and are regional uses governed by § 400-401D.
This § 400-807 is intended to provide minimum standards to regulate commercial outdoor archery ranges (hereinafter referred to as "ranges") in order to protect neighboring property owners and the public at large from dangers of wild or ricocheting projectiles and from excessive noise and other nuisances.
A.
Setbacks. All outdoor archery ranges shall be situated not less than 200 feet from any property line and not less than 300 feet from any principal residential or commercial structure existing on the effective date of this § 400-807. This shall not apply to structures on the same parcel as the shooting range.
B.
Safety design. All ranges shall be designed and constructed with safety facilities to prevent accidental wild or ricocheting and stray arrows and prevent any projectile from leaving the site. The Township may require such additional safety features deemed necessary to meet the intent of this § 400-807. Such features may include, but shall not be limited to, increased setbacks, earthen berms and setbacks, range orientation, and a limitation of hours of operation.
C.
Noise reduction. All ranges shall be designed and operated to minimize any noise created by the facility and shall at a minimum comply with the requirements of § 400-702H unless more restrictive standards are required by the Township as a condition of approval.
D.
Hours of operation. No arrow shall be discharged outdoors between
the hours of dusk and dawn. However, the Township may establish more
restrictive time limits as a condition of approval.
E.
Fence. Security fencing may be required by the Township of such extent
and design to restrict accidental access to any range.
F.
Posting. A three-hundred-foot perimeter around any outdoor range
shall be posted with warning signs to adequately inform anyone entering
the area.
G.
NFAA guidelines, state and federal regulations. The applicant shall
provide evidence of compliance with any applicable National Field
Archery Association guidelines and state and federal regulations.
A.
Parking. Adequate off-street parking, paved per § 400-505J(3), shall be provided in accord with this chapter with the minimum number of parking spaces provided as follows: one space for each rentable room, one space for each nonresident employee, and two spaces for the dwelling unit.
B.
Number of rooms. Not more than five rentable rooms shall be provided
in the establishment.
C.
Supervision. The owner or manager of the bed-and-breakfast shall
reside on the premises.
D.
Sewage disposal. Sewage disposal meeting the requirements of the
Township and PA DEP shall be provided.
E.
Nonconforming lots. Bed-and-breakfast establishments shall not be
permitted on lots which are nonconforming in minimum area.
In addition to all other applicable standards, bulk fuel storage facilities shall be subject to the specific regulations and requirements in this § 400-809 and shall be permitted only in those districts as specified in the Schedule of Uses. The Township shall establish, as part of the conditional use process, such other conditions such as increased setbacks and construction of dikes as necessary to protect the public health safety and welfare.
A.
Parcel size. Bulk fuel storage facilities shall be located on a tract
of land not less than five acres in area.
B.
Setbacks. Storage tanks shall be located not less than 150 feet from
any property line or any road or street right-of-way line. Cylinder-filling
rooms, pumps, compressors and truck-filling stations shall be located
not less than 200 feet from any property line and not less than 150
feet from any road or street right-of-way line.
C.
Fence. The total tank storage area shall be entirely fenced with
an eight-foot-high industrial-type security fence or have an equivalent
protection barrier approved by the Township.
D.
Other regulations. Bulk fuel storage facilities shall be developed
in complete compliance with all applicable local, state, federal and
insurance regulations and requirements.
[Added 1-25-2016 by Ord.
No. 2016-02]
This section is intended to provide standards for industrial-like
agricultural operations with animal densities which are likely to
create effects on the environment and community which exceed those
effects normally associated with typical farming. It is not intended
to supersede the Pennsylvania Nutrient Management Act in terms of
regulation of the storage, handling or land application of animal
manure or nutrients or the construction, location or operation of
facilities used for the storage of animal manure or nutrients or practices
otherwise regulated by the Act. The definitions and calculations in
this section are intended to be consistent with the Nutrient Management
Act, and all information and studies required by this section shall,
at a minimum, include the information required by the Act.[1]
A.
Compliance. Concentrated animal feeding operations shall, in addition to all other applicable requirements, comply with this § 400-810.
B.
Definition. Any livestock operation which is defined as a concentrated
animal feeding operation by Commonwealth of Pennsylvania regulations
shall be considered a "concentrated animal feeding operation" for
regulation by this chapter.
C.
Standards. The following standards shall be applied to all CAFOs,
and no approval shall be granted until all required information and
plans have been submitted by the applicant and have been approved
by the Township. Failure of the applicant to implement any of the
required plans shall constitute a zoning violation subject to the
penalties and remedies contained in this chapter.
(1)
Setbacks. CAFO buildings and corrals used for housing or confinement
of animals shall not be less than 250 feet from any property line
and not less than 500 feet from any existing principal building not
located on the land with the CAFO.
(2)
Nutrient management. A nutrient management plan shall be prepared
in accord with the requirements of Title 25, Chapter 83, Subchapter
D, Pennsylvania Code.
(3)
Stormwater management. A stormwater management plan shall be
prepared meeting the requirements of the applicable subdivision and
land development ordinance.
(4)
Conservation. A conservation plan shall be prepared meeting
the requirements of the County Conservation District.
(5)
Buffer. A buffer plan shall be prepared in accord with § 400-702C to minimize CAFO visibility from adjoining properties and minimize sound and odor emanating from the property.
(6)
Solid and liquid wastes. Solid and liquid wastes shall be disposed
of in a manner to avoid creating insect or rodent problems, and an
insect/rodent abatement plan shall be prepared.
(7)
Operation and management. The applicant shall demonstrate that
he will meet operational and management standards as may be set forth
in treatises recognized by agricultural authorities or as the same
may be produced by the Pennsylvania Department of Agriculture, Department
of Environmental Protection, Pennsylvania State University, College
of Agricultural Sciences, or similar entity.
(8)
Waste discharge. No discharges of liquid wastes and/or sewage
shall be permitted into a reservoir, sewage or storm sewer disposal
system, holding pond, stream or open body of water, or into the ground
unless the discharges are in compliance with the standards of local,
state and/or federal regulatory agencies.
(9)
Odor. The applicant shall prepare an odor abatement plan and document the ability to comply with the plan. It is recognized that certain agricultural activities do produce odors, but the applicant shall show that odors can be reduced to a minimum or abated. The plan shall include such steps as may be necessary to abate odors or to allow odors at times to minimize interference with the public health, safety and welfare. (See also § 400-702K.)
(10)
Pesticides. The applicant shall document that the use of pesticides
will meet state and federal requirements.
(11)
Floodplain. No CAFO buildings shall be erected in the one-hundred-year
floodplain.
[1]
Editor's Note: The Nutrient Management Act, 3 P.S. §
1701 et seq., was repealed by 2005, July 6, P.L. 112, No. 38, §
3. See now the Nutrient Management and Odor Management Act, 3 Pa.C.S.A.
§ 501 et seq.
The following regulations shall apply to commercial communication
devices (CCD), including but not limited to, cellular phone antennas,
antennas for communication service regulated by the PA Public Utility
Commission, and other commercial antennas and associated facilities.
A.
Purposes.
(1)
To accommodate the need for communication devices while regulating
their location and number in the Township in recognition of the need
to protect the public health, safety and welfare.
(2)
To minimize the adverse visual effects of communication devices
and support structures through proper design, siting and vegetative
screening.
(3)
To avoid potential damage to adjacent properties from communication
device support structure failure and falling ice, through engineering
and proper siting of support structures.
(4)
To encourage the joint use of any commercial communication device
support structures and to reduce the number of such structures needed
in the future.
B.
Permits; use regulations. A permit shall be required for every CCD
and support structure installed at any location, and the following
use regulations shall apply:
(1)
Existing tall structures. A CCD site with a CCD that is attached
to an existing communications tower, smokestack, water tower, or other
tall structure where the height of the CCD does not exceed the height
of the existing structure by more than 15 feet shall be permitted
in all districts as an accessory use, and conditional use approval
shall not be required. Any subsequent installations above the initial
fifteen-foot-height increase shall be a conditional use. The applicant
shall provide the following information:
(a)
Evidence from a Pennsylvania registered professional engineer
certifying that the proposed installation will not exceed the structural
capacity of the building or other structure, considering wind and
other loads associated with the antenna location.
(b)
Detailed construction and elevation drawings indicating how
the antennas will be mounted on the structure for review by the Township
for compliance with the applicable requirements.
(c)
Evidence of recorded agreements and/or easements necessary to
provide access to the building or structure on which the antennas
are to be mounted so that installation and maintenance of the CCD
and associated equipment can be accomplished.
(2)
New structures and CCD exceeding fifteen feet on existing structures. A CCD site with a CCD that is either not mounted on an existing structure or is more than 15 feet higher than the structure on which it is mounted shall be permitted only in C, RR and I Districts and shall require conditional use approval in accord with this § 400-811.
(3)
Associated use. All other uses ancillary to the CCD (including
a business office, maintenance depot, vehicle storage, etc.) are prohibited
from the CCD site, unless otherwise permitted in the zoning district
in which the CCD site is located. This shall not prohibit the installation
as accessory structures of equipment containers not intended for human
occupancy to house only equipment necessary for the operation of the
CCD.
(4)
CCD as a second principal use. A CCD shall be permitted on a
property with an existing use, subject to the following land development
standards:
(a)
The CCD facility shall be fully automated and unattended on
a daily basis and shall be visited only for periodic maintenance.
(b)
The minimum lot area, minimum setbacks and maximum height required
by this chapter for the CCD and support structure shall apply, and
the land remaining for accommodation of the existing principal use(s)
on the lot shall also continue to comply with the minimum lot area,
density and other requirements.
(c)
The vehicular access to the equipment building shall, whenever
feasible, be provided along the circulation driveways of the existing
use.
(d)
The applicant shall present documentation that the owner of
the property has granted an easement filed of record or other legal
interest for the land for the proposed facility and that vehicular
access is provided to the facility.
C.
Standards.
(1)
Location requirement and number. The applicant shall demonstrate
to the satisfaction of the Township, using technological evidence,
that the CCD and support structure must go where it is proposed in
order to satisfy its function in the company's grid system. The number
of CCD to be installed at a site by an applicant may not exceed the
current minimum necessary to ensure the adequacy of current service
required by the Federal Communications Commission (FCC) license held
by that applicant. The applicant shall provide information on the
general location of other towers/sites planned for the region.
(2)
Co-location; new tower. If the applicant proposes to build a
tower (as opposed to mounting the CCD on an existing structure), the
Township may require the applicant to demonstrate that it contacted
in writing the owners of tall structures within a five-mile radius
of the site proposed, asked for permission to install the CCD on those
structures, and was denied. This would include smokestacks, water
towers, tall buildings, CCD support structures of other cellular phone
companies, other communications towers (fire, police, etc.) and other
tall structures. The Township may deny the application to construct
a new tower if the applicant has not made a good faith effort to mount
the CCD on an existing structure thereby documenting that there exists
no other support structure which can reasonably serve the needs of
the owner of the proposed CCD. A good faith effort shall demonstrate
that one or more of the following reasons apply to a particular structure:
(a)
The proposed equipment would exceed the structural capacity
of the existing structure, and its reinforcement cannot be accomplished
at a reasonable cost.
(b)
The proposed equipment would cause radio frequency interference
with other existing equipment for that existing structure, and the
interference cannot be prevented at a reasonable cost.
(c)
Such existing structures do not have adequate location, space,
access or height to accommodate the proposed equipment or to allow
it to perform its intended function.
(d)
Addition of the proposed equipment would result in electromagnetic
radiation from such structure exceeding applicable standards established
by the Federal Communications Commission governing human exposure
to electromagnetic radiation.
(e)
A commercially reasonable agreement could not be reached with
the owners of such structures.
(3)
CCD height. The applicant shall demonstrate that the CCD is
at the minimum height required to function satisfactorily and provide
adequate height for five service providers. The Township may require
the tower to be designed and constructed to be stackable (structurally
capable of being increased in height) so that additional antennas
arrays can be accommodated in addition to the arrays on the original
tower to facilitate future collocation. CD equipment buildings shall
comply with the accessory structure height limitations of the applicable
zoning district. The Township may require stealth design (typically
resembling a common tree) to ensure that the CCD is compatible with
the surrounding landscape.
(4)
Setbacks. If a new CCD support structure is constructed (as opposed to mounting the CCD on an existing structure) or if the CCD height exceeds the height of the existing structure on which it is mounted by more than 15 feet, the minimum setbacks in this § 400-811C(4) shall apply.
(a)
Separate parcel. If the parcel on which the CCD and support
structure is a separate and distinct parcel, the distance between
the base of the support structure and any adjoining property line
shall not be less than the height of the CCD structure plus the normal
setback for the district. The setback for equipment containers, other
accessory structure and guy wire anchors shall be a minimum of 30
feet.
(b)
Lease, license or easement. If the land on which the CCD and
support structure is leased, or is used by license or easement, the
setback for any part of the CCD, the support structure, equipment
containers, other accessory structures, and guy wire anchors shall
be a minimum of 30 feet from the line of lease, license or easement.
In any case, the distance between the base of the support structure
and any adjoining property line (not lease, license or easement line)
shall not be less than the height of the CCD structure plus the normal
setback for the district.
(5)
CCD support structure safety. The applicant shall demonstrate
that the proposed CCD and support structure are safe and the surrounding
areas will not be negatively affected by support structure failure,
falling ice or other debris, electromagnetic fields, or radio frequency
interference. All support structures shall be fitted with anticlimbing
devices, as approved by manufacturers. The applicant shall submit
certification from a Pennsylvania registered professional engineer
that a proposed CCD and support structure will be designed and constructed
in accordance with the current Structural Standards for Steel Antenna
Towers and Antenna Supporting Structures, published by the Electrical
Industrial Association/Telecommunications Industry Association and
applicable requirements of any applicable building code. Within 45
days of initial operation, the owner and/or operator of the CCD and
support structure shall provide a certification from a Pennsylvania
registered professional engineer that the CCD and support structure
comply with all applicable regulations.
(6)
Fencing; guy wires.
(a)
A fence shall be required around the CCD support structure,
guy wire anchors and other equipment, unless the CCD is mounted on
an existing structure. The fence shall be a minimum of eight feet
and a maximum of 10 feet in height.
(b)
All guy wires shall be marked or colored to be clearly visible
and shall not be artificially illuminated unless required by the FAA
or FCC.
(7)
Landscaping. Landscaping may be required to screen as much of
the support structure as possible, the fence surrounding the support
structure, and any other ground-level features (such as a building),
and in general buffer the CCD and support structure site from neighboring
properties. The Township may permit any combination of existing vegetation,
topography, walls, decorative fences or other features instead of
landscaping, if the same achieves the same degree of screening as
the required landscaping. If the CCD is mounted on an existing structure,
and other equipment is housed inside an existing structure, landscaping
shall not be required. In addition, existing vegetation on and around
the site shall be preserved to the greatest extent possible.
(8)
Co-location; other uses. In order to reduce the number of CCD
support structures needed in the community in the future, the proposed
support structure shall be required to accommodate other users, including
but not limited to other cellular phone companies, and local fire,
police, and ambulance companies. The applicant shall provide evidence
of written contact with all wireless service providers who supply
service within the Township for the purpose of assessing the feasibility
of co-located facilities. The applicant shall provide a letter of
intent committing the CCD owner and his or her or its successors to
allow the shared use of the communication tower if an additional user
agrees in writing to meet reasonable terms and conditions for shared
use. The proposed structure, if evidenced by need as determined by
the Township, shall be constructed to provide available capacity for
other providers should there be a future additional need for such
facilities.
(9)
Licenses; other regulations; insurance. The applicant must demonstrate
that it has obtained the required licenses from the Federal Communications
Commission, the PA Public Utility Commission and other agencies. The
applicant shall also document compliance with all applicable state
and federal regulations. The applicant shall submit the name, address
and emergency telephone number for the operator of the CCD; and a
certificate of insurance evidencing general liability coverage in
the minimum amount of $1,000,000 per occurrence and property damage
coverage in the minimum amount of $1,000,000 per occurrence covering
the CCD and support structure.
(10)
Access. Access to the CCD and support structure shall be provided
by means of a public street or easement to a public street. The easement
shall be a minimum of 20 feet in width and shall be improved to a
width of at least 10 feet with a dust-free, all-weather surface for
its entire length.
(11)
Color and lighting; FCC and PennDOT notice. CCD support structures
under 200 feet in height should be painted silver or have a galvanized
finish retained in order to reduce the visual impact. Support structures
may be painted green up to the height of nearby trees. Support structures
200 feet in height or taller, those near airports, or those which
are otherwise subject to Federal Aviation Administration (FAA) regulations,
shall comply with the said regulations. No CCD support structure may
be artificially lighted except in accord with Federal Aviation Administration
requirements. The applicant shall provide a copy of the response to
notice of proposed construction or alteration forms submitted to the
FAA and PennDOT Bureau of Aviation, and the CCD and support structure
shall comply with all FAA and PennDOT requirements.
(12)
Communications interference. The applicant shall document that
the radio, television, telephone or reception of similar signals for
nearby properties will not be disturbed or diminished.
(13)
Historic structures. A CCD shall not be located on a building
or structure that is listed on a historic register or within 500 feet
of such a structure.
(14)
Maintenance; discontinued use.
(a)
The CCD, support structure and any accessory structure shall
be maintained and kept in a state of repair so that the same do not
constitute a nuisance or hazard to the health or safety of the community
or nearby residents or properties.
(b)
Should any CCD or support structure cease to be used as a communications
facility, the owner or operator or then owner of the land on which
the CCD and support structure is located shall be required to remove
the same within 180 days of cessation of use. Failure to do so shall
authorize the Township to remove the facility and assess the cost
of removal to the foregoing parties. A copy of the relevant portions
of any signed lease, license or other agreement or conveyance which
requires the applicant to remove the facilities upon cessation of
operations at the site shall be submitted at the time of application.
The Township may also require a financial guarantee from the applicant
for the removal of the structure, such guarantee in an amount deemed
adequate by the Township and in a form approved by the Township Solicitor.
(15)
Fire-suppression system. The applicant shall provide details
about any fire-suppression system installed in any accessory structure
or equipment container associated with the CCD.
(16)
Application. As part of the conditional use application, the
applicant shall also submit the following supplemental information:
(a)
A copy of the FAA's response to the submitted Notice of Proposed
Construction or Alteration (FAA Form 7460-1).
(b)
Proof of compliance with applicable FCC, FAA, Commonwealth Bureau
of Aviation and any applicable airport zoning regulation.
(c)
Proof that the proposed CCD does not interfere with public safety
telecommunications as verified by an intermodulation study and other
appropriate study which provides a technical evaluation of existing
and proposed transmissions and indicates all potential interference
problems.
(d)
A plot drawn to scale showing property boundaries, power locations,
CCD height, guy wires and anchors, existing structures, elevation
drawings and depicting typical design of proposed structures, parking,
fencing, landscaping, and existing uses on adjacent property.
(e)
Name and address of the owners of the CCD and all equipment
to be located at the site.
(f)
Copy of the valid FCC license for the proposed activity or proof
that the applicant is the winning bidder for an FCC license at auction,
and that the final issuance of the FCC license purchased at auction
is pending.
(g)
A written agreement signed by the applicant and owner of the
property to remove the CCD within 180 days of cessation of use, which
written agreement, including financial guaranties, shall be in a form
acceptable to the Township.
(h)
Written certification from the applicant and its engineer that
the proposed CCD could not be placed on an existing CCD or facility
under the control of the applicant and function under applicable regulatory
and design requirements without unreasonable modification.
(i)
A letter of intent committing the CCD owner and the common carriers
using the CCD and their respective heirs, personal representatives,
successors, and assigns to allow Polk Township and any other governmental
agency to utilize the CCD to facilitate emergency equipment upon reasonable
terms and conditions and to allow use of the CCD in the event of an
emergency.
(j)
Any and all permits and/or approvals required from any and all
local state and federal authorities must be obtained by the applicant
and copies of same provided to the Township.
The intent of this § 400-813 is to provide standards for access to public roads and setbacks for contractor yards. (See definition of "contractor yards" in Article III.)
A.
Access to public roads.
(1)
Highway occupancy permit. Access roads to Township and state
roads shall be in accord with a valid highway occupancy permit.
(2)
Stabilization. The access road shall be adequately stabilized
with stone, shale or other material to minimize soil erosion and the
tracking of mud onto the public road.
(3)
Weight limitations. All operations shall comply with all posted
weight limits and road bonding regulations.
(4)
Access routes; road conditions. The applicant shall provide
a map showing the public roads in the Township proposed to be used
to access the operation and provide an evaluation of the condition
of any Township road which will be used and the potential damage which
may occur from such use. The applicant shall also comply with the
Township road bonding requirements.
B.
Setbacks.
(1)
Residential and nonresidential buildings. Contractor yards and
staging areas for equipment/materials shall not be less than 300 feet
from any existing principal residential, commercial, institutional,
public or semipublic building, other than such building located on
the property on which the facility is located.
(2)
Property lines. Contractor yards and staging areas for equipment/materials
shall not be less than 50 feet from any property line other than a
property line along a public road right-of-way.
(3)
Public roads. Contractor yards shall not be less than 50 feet
from any public road right-of-way.
(4)
Streams, water bodies and wetlands. Contractor yards and staging
areas for equipment/materials shall not be less than 100 feet from
any stream, water body or wetland.
(5)
Slope. Contractor yards and staging areas for equipment/materials
shall be located on slopes of less than 8%. Low spots and poorly drained
places shall be avoided.
[Added 1-25-2016 by Ord.
No. 2016-02]
Flea markets, outdoor shall, in addition to all other applicable
standards of this chapter, be subject to the following standards:
A.
Parcel size. A minimum parcel of five acres shall be required.
B.
Setbacks. The minimum setbacks for all buildings, any display of
goods not fully enclosed in a building and all parking areas shall
be 75 feet from property lines and road rights-of-way.
C.
Parking requirements.
(1)
Compliance. Parking shall comply with § 400-505 or 345-612 of Chapter 345, Subdivision and Land Development, as applicable. [See also § 400-505I or Chapter 345, Subdivision and Land Development, § 345-612I, for required setbacks, and § 400-505J(4) or Chapter 345, Subdivision and Land Development, § 345-612J(4), for low-use parking area surfacing.]
(2)
Parking area activities. Sales or display areas or other activities
not required by the applicable parking standards shall not be permitted
in parking areas.
E.
Other requirements. See also § 400-702E, Operations and storage, which allows outdoor sales as a conditional use, § 400-704, Environmental impact statement, and § 400-709, Traffic impact study, which apply to any use with 81,720 square feet or more of soil disturbance or 43,560 square feet or more of impervious areas.
A.
Permit required. A permit shall be required for all forestry.
B.
Soil erosion and sedimentation and stormwater control. Any earth disturbance shall comply with § 400-702N and a soil erosion and sedimentation control plan shall be required. No earth disturbance or clear cutting shall be permitted within 25 feet of any water body or stream except for approved stream crossings.
C.
Monroe County Conservation District (MCCD). No timber harvesting
shall be conducted unless and until a soil erosion and sedimentation
control plan is submitted to the Monroe County Conservation District
(MCCD) and approved by MCCD. Prior to the commencement of any forest
harvesting, the approved soil erosion and sedimentation control plan
will be submitted to the Township. All requirements of a soil erosion
and sedimentation control plan approved by MCCD shall be followed
and implemented during any forest harvesting. The Township reserves
the right to revoke any permit issued hereunder for forest harvesting
in the event of any violations or failure to comply with an approved
soil erosion and sedimentation control plan.
[Amended 2-28-2022 by Ord. No. 2022-02]
D.
Township road bond. The Township may require a bond, letter of credit
or other financial guarantee to assure that any damage to Township
roads, including excessive accumulation of mud and dirt, necessitating
the cleaning of the roadway, caused by logging or any other forestry
is repaired at the cost of the person causing such damage. The amount
of the bond shall be based on the extent of the operation, the Township
roads used by the operation and the recommendation of the Township
Engineer; the term and form of the bond shall be approved by the Township
Solicitor.
[Amended 2-28-2022 by Ord. No. 2022-02]
E.
Access to public roads.
(1)
Highway occupancy permit. Access roads to Township and state
roads shall be in accord with a valid highway occupancy permit.
(2)
Stabilization. The access road shall be adequately stabilized
with stone, shale or other material to minimize soil erosion and the
tracking of mud onto the public road.
(3)
Weight limitations. All operations shall comply with all posted
weight limits and road bonding regulations.
(4)
Use of public roads. Felling or skidding on or across any public
road shall be prohibited without the express written authorization
of the Township or the Pennsylvania Department of Transportation,
as applicable.
(5)
Road ditches. Ditches on the public road shall be cleaned and
graded as necessary to be maintained to pre-harvest condition.
F.
Setbacks.
(1)
Residential and nonresidential buildings. Landing areas and
log storage areas shall not be less than 200 feet from any existing
residential, commercial, institutional, public or semipublic building,
other than such building located on the property on which the landing
is located.
(2)
Property lines. Landing areas and log storage areas shall not
be less than 50 feet from any property line other than a property
line along a public road right-of-way.
(3)
Public roads. Storage yards shall not be less than 50 feet from
any public road right-of-way.
(4)
Streams, water bodies and wetlands. Storage yards shall not
be less than 100 feet from any stream, water body or wetland.
(5)
Slope. Storage yards shall be located on slopes of less than
8%. Low spots and poorly drained places shall be avoided.
A.
Separation. A gaming establishment shall not be permitted within
1,000 feet of any other separately deeded lot containing a gaming
establishment. The distance between any two such facilities shall
be measured in a straight line, without regard to intervening structures,
from the closest points on each of the exterior lot lines of the separately
deeded lots upon which each facility is located.
B.
Setbacks. No gaming establishment shall be located on the same separately
deeded lot or within 1,000 feet of any separately deeded lot which
contains any one or more of the following uses. The distance between
any such facility and any listed use shall be measured in a straight
line, without regard to intervening structures, from the closest point
on the exterior lot line of the separately deeded lot on which the
facility is located to the closest point of the property line of the
listed use.
(1)
Camp (for minors activity);
(2)
Child day-care facility;
(3)
House of worship or related use, or other similar religious
facility;
(4)
Community center;
(5)
Museum;
(6)
Parks and playgrounds;
(7)
School or any kind of educational institution that provides
instructions to minors;
(8)
Other lands where minors congregate;
(9)
Any residential use.
C.
One facility per building. No more than one gaming establishment
may be located within one building or be located on the same separately
deeded lot.
D.
Nuisances. The applicant shall furnish evidence satisfactory to the
Township as to how the use will be controlled so as to not constitute
a nuisance, particularly concerning noise, loitering outside the building,
hours of operation, light, and/or litter.
E.
Litter. A working plan for the cleanup of litter shall be furnished
and implemented by the applicant, subject to the approval by the Township.
This § 400-821 is intended to provide specific standards for the development of hotels, motels and resorts at unit densities that allow use of the project parcel while at the same time recognizing the limitation of the proposed site. Specific performance standards are provided to allow for flexibility of design and to insure the protection of adjoining properties and the public health, safety and general welfare.
A.
Minimum parcel size. The minimum lot size required for these uses
shall be 2,000 square feet of lot area for each single room with bath
and no kitchen facilities and 5,000 square feet of lot area for each
apartment or unit with kitchen facilities. However, in no case shall
the parcel be less than two acres.
B.
Design criteria.
(1)
Setback, building height, lot width and depth, and lot coverage
ratios applicable to the district shall be maintained.
(2)
All facilities in a hotel, motel or resort shall be on the same
parcel of property and shall not contain any commercial facility unless
such commercial facility is otherwise permitted in the district where
the subject property is located.
Junkyards are considered regional uses permitted only in certain districts in the Planning Region in accord with § 400-401D and are not permitted in Polk Township. Changes and expansions of nonconforming junkyards in Polk Township shall, in addition to other Township ordinances and all other applicable regulations, be subject to the following conditions:
A.
Property owner responsibility. It shall be the ultimate responsibility
of the property owner of the premises upon which any junk is situated
and the owner of any such junk to comply with this chapter and to
provide for the removal of such junk and remediation of any environmental
problems associated with any junk.
B.
Operating standards. All existing and proposed junkyards licensed
under the provisions of this chapter shall be established, maintained,
and operated in accord with the following standards:
(1)
Federal and state regulations. Any junkyard located adjacent
to a Federal Aid Highway shall comply with all regulations of the
Federal Highway Administration, and all junkyards shall meet the licensing
and screening requirements of the Commonwealth of Pennsylvania.
(2)
Fencing. All junkyards shall be completely enclosed by a chain-link
fence not less than eight feet in height. All fences and gates shall
be maintained in good repair and in such a manner as not to become
unsightly. There shall be no advertising of any kind placed on the
fence. The foregoing fencing provisions shall be applicable only to
that portion of the premises being immediately used for the storage
of junk and shall not be applicable to the balance of the property
owned or used by said junkyard operator so long as said remaining
portion of land is not being used for the storage of junk as defined
in this chapter.
(3)
Screening. All junkyards shall be screened to the satisfaction
of the Township from any adjoining or neighboring property, any public
road right-of-way, or any other premises; and, natural vegetative
cover shall be maintained in all required setback areas. Vegetative
plantings of sufficient height and density, berms, topography or fencing
of such design may be used to effect the required screening as determined
by the Township. All screening shall be maintained in such fashion
as to continue to provide the required screening.
(4)
Setbacks. The fence enclosing any junkyard and any structures
associated with the junkyard shall be located not less than 50 feet
from any public road right-of-way, 50 feet to any property line and
200 feet from any adjoining zoning district.
(5)
Dumping. The area used for a junkyard shall not be used as a
dump area for any solid waste as defined by this chapter.
(6)
Burning. No burning whatsoever shall be permitted on the premises.
(7)
Water bodies. No junkyard shall be located less than 200 feet
from any body of water, stream, wetland or well.
(8)
Hazardous materials. In cases where the junkyard includes 10
or more junk vehicles or where the Township deems it necessary to
meet the intent of this chapter, and to further protect groundwater
and surface water, all batteries, coolants, gasoline, diesel fuel,
engine oil, any other petroleum products and any other noxious or
potentially contaminating materials must be removed from all junk
within two working days after arrival to the premises and shall be
disposed of in a manner meeting all state and federal requirements.
Such liquids and materials, while stored on the premises, shall be
kept separately in leakproof containers at a central location on the
premises.
(9)
Water quality. In cases where the junkyard includes 10 or more
junk vehicles or where the Township deems it necessary to meet the
intent of this chapter, the owner of any junkyard shall be required
to monitor the ground and surface water in the vicinity of the junkyard.
Water testing shall be conducted every three months on any stream
located on the premises or any stream within 500 feet of any area
used for the storage of junk if water drainage from the junkyard area
is to said stream. For each testing period, two samples shall be collected;
one sample shall be taken from the stream at a point upstream of the
junkyard drainage area and one sample shall be taken from the stream
at a point below the junkyard drainage area. In addition, the well
located on the premises shall also be sampled every three months.
The samples shall be collected and analyzed by a certified water analysis
laboratory for hydrocarbons or other parameters deemed appropriate
by the Township, and results shall be provided to the Township. If
said samples exceed the limits established by the Pennsylvania Department
of Environmental Protection, the junkyard shall cease operation until
such time as the source of the contamination has been identified and
corrected in accord with DEP requirements.
(10)
Fire lanes. Fire lanes of a minimum width of 20 feet shall be
maintained so that no area of junk shall span a distance of more than
50 feet.
(11)
Hours of operation. Any activity associated with the operation
of the junkyard that produces any noise audible beyond the property
line shall be conducted only between the hours of 7:00 a.m. and 8:00
p.m. During business hours, an adult attendant shall, at all times,
remain on the premises.
(12)
Stacking of junk. Junk vehicles or major parts thereof shall
not be stacked on top of any other junk vehicle or major part. No
junk shall be stacked or piled to a height of greater than six feet.
(13)
Nuisances. All premises shall, at all times, be maintained so
as not to constitute a nuisance, or a menace to the health, safety,
and welfare of the community or to the residents nearby, or a place
for the breeding of rodents and vermin. Within two days of arrival
on the premises, all glass shall be removed from any broken windshield,
window or mirror, and all trunk lids, appliance doors and similar
closure devices shall be removed. Grass and weeds on the premises
shall be kept mowed.
(14)
Waste. Waste shall not be stored outside and shall not be accumulated
or remain on any premises except temporarily awaiting disposal in
accord with this chapter. No junkyard shall be operated or maintained
in violation of any state or federal regulations governing the disposal
of any solid or liquid waste.
(15)
Fireproof structures. Every structure erected upon the premises
and used in connection therewith shall be of fireproof construction.
A.
General provisions.
(2)
Intent.
(a)
This § 400-826 addresses the physical relationship between large-scale retail/commercial land development and adjacent properties, public roads, neighborhoods, and natural features, in order to implement Polk Township's vision for an attractive, efficient, and livable community as described in the Regional Comprehensive Plan.
(b)
The general intent of this § 400-826 is to promote sustainable business development by providing and requiring a unified and organized arrangement of buildings, signs, service and parking areas, together with adequate off-street circulation among neighboring businesses and harmoniously landscaped open space, planned and designed as an integrated unit, and in a manner so as to provide an efficient, safe, convenient and attractive shopping and service areas in an area of the Township accessible to a regional road system.
(c)
More specifically, large-scale retail/commercial development
shall:
[1]
Create safe, efficient and separate pedestrian and vehicular
circulation patterns;
[2]
Protect existing residential areas from incompatible land uses;
[3]
Result in well-planned and well-designed development in scale
and character with the setting;
[4]
Minimize the conflict between nonresidential and residential
uses;
[5]
Manage access along the Township's commercial road frontages;
[6]
Enhance streetscapes along road corridors and monitor and control
billboards and other large signs;
[7]
Provide for the extension of existing and future planned pedestrian
and bicycle systems through commercial areas in the Township;
[8]
Accommodate planned interconnected Township and regional open
space within commercial areas;
[9]
Protect large trees and other natural resources in accordance with the conservation design process in Chapter 345, Subdivision and Land Development; and
[10]
Protect property values.
B.
Land development standards.
(1)
Intensity of development, area and bulk regulations. Intensity of development shall be determined by meeting all standards herein, as well as all requirements of the zoning district in which the tract is located and the applicable requirements of Chapter 345, Subdivision and Land Development.
(2)
Traffic design. Large-scale retail/commercial land developments shall comply with the traffic and circulation design standards in Chapter 345, Subdivision and Land Development.
(3)
Pad sites as part of large-scale retail/commercial development.
For pad site buildings located within 150 feet of a perimeter road
of any classification, parking and aboveground utilities including
mechanical equipment and trash collection areas shall be prohibited
between the building and the road, but driving aisles shall be permitted
between the building and the road.
(4)
Common open space. Common open space shall be provided in accordance with the recreation land dedication requirements of Chapter 345, Subdivision and Land Development.
(a)
The common open spaces shall follow the design requirements in Chapter 345, Subdivision and Land Development.
(b)
In calculating common open space as required by Chapter 345, Subdivision and Land Development, the following standards shall apply:
[1]
Areas not credited. Lands within the following areas shall not
be counted towards the required common open space or pedestrian amenities:
[2]
Dimensional requirements. Common open space areas shall have
a minimum area of 300 square feet and in no case shall the length
or width be less than 10 feet. Common open space shall not exceed
20,000 square feet except where continuing an adjacent trail, park,
or continuation of open space land.
(c)
Outdoor display, storage and sales areas. Such areas shall be
permitted only where clearly depicted and labeled on the approved
land development plan.
[1]
Outdoor display areas. All exterior display areas shall be separated
by a minimum of 10 feet from motor vehicle routes by a physical barrier
visible to drivers and pedestrians. A minimum walkway width of 10
feet shall be maintained between the display items and any vehicle
drives.
[2]
Outdoor storage areas. Such areas include exterior storage structures or uses, including the parking or storage of service vehicles, trailers, equipment, containers, crates, pallets, merchandise, materials, forklifts, and all other exterior stored items. Such outdoor storage uses and areas shall be appropriately screened as required by § 400-702C.
[3]
Outdoor sales areas.
[a]
Outdoor sales areas shall be considered as part
of the gross floor area of the retail establishment.
[b]
Outdoor sales areas shall be incorporated into
the overall design of the building and the landscaping and shall be
permanently defined and screened with walls and/or fences. Materials,
colors and design of screening walls and/or fences shall conform to
those used as predominant materials and colors on the building.
[c]
If such areas are to be covered, then the covering
shall be similar in materials and colors to those that are predominantly
used on the building facade.
(f)
Screening. In addition to the requirements in this §§ 400-826B(4)(f) and 400-702C, screening shall also meet the requirements of Chapter 345, Subdivision and Land Development. In the case of conflict, the more restrictive shall apply.
[1]
Mechanical equipment.
[a]
All ground-mounted and wall-mounted mechanical
equipment, and any permitted outdoor storage, shall be fully screened
from on-site and off-site ground level views, with building materials
identical to or of equal quality to those used on the building exterior.
[b]
All rooftop mechanical equipment shall be screened
by parapets, upper stories, or other areas of exterior walls or roofs
to not be visible from public streets adjacent to or within 1,000
feet of the subject property. Fences, chain-link, wire mesh or wood
or similar rooftop screening devices may not be used to meet this
requirement.
[2]
Loading docks. Loading docks shall be screened from surrounding roads and properties. Said screening may be accomplished through loading areas internal to buildings, screen walls, which match the building exterior in materials and design, fully opaque landscaping at time of planting, or combinations of the above. Landscaping shall meet the requirements of § 400-702D and Chapter 345, Subdivision and Land Development.
(g)
Pedestrian and bicycle facilities. The land development shall provide for safe pedestrian and bicycle access as set forth in Chapter 345, Subdivision and Land Development.
(i)
Building vacancy and reuse.
[1]
Bond required. A maintenance/restoration bond shall be established
by the applicant to ensure the building and all amenities on the site
are maintained if the building becomes vacant. The amount of such
bond shall be based on estimates prepared by a registered professional
engineer at the cost of four years of maintenance of all site improvements
and the cost of razing the building and removing all demolition materials.
The estimates shall be increased by 15% annually to reflect inflation.
[2]
Vacancy. If the building remains vacant for one year and site
improvements are not maintained over this period, the Township may
exercise the bond to pay for site maintenance. If the building remains
vacant for a period of four years, the Township may exercise the bond
to remove the building from the site.
[Added 2-28-2022 by Ord. No. 2022-04]
A.
Purpose. The purpose of this section is to establish process and
standards for the establishment, construction, and operation of medical
marijuana facilities, pursuant to the Pennsylvania Medical Marijuana
Act, Act 16 of 2016, 35 P.S. §§ 10231.101 through 10231.2110
(hereinafter "the Act"), to allow for the integration of an allowed
industry while providing for the protection of the public's health,
safety, morals, and general welfare.
B.
District regulations.
(1)
Medical marijuana grower/processors are permitted as a conditional use in the Commercial (C) and Industrial (I) districts, with consideration for the applicable performance standards found in Subsection D(1) of this section.
C.
ACADEMIC CLINICAL RESEARCH CENTER
CAREGIVER
CERTIFIED MEDICAL USE
CLINICAL REGISTRANT
(1)
(2)
DISPENSARY
FORM OF MEDICAL MARIJUANA
GROWER/PROCESSOR
IDENTIFICATION CARD
MEDICAL MARIJUANA
MEDICAL MARIJUANA DELIVERY VEHICLE FACILITY
MEDICAL MARIJUANA ORGANIZATION OR FACILITY
PERMIT
REGISTRY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An accredited medical school within this commonwealth that
operates or partners with an acute care hospital licensed within this
commonwealth.
The individual designated by a patient to deliver medical
marijuana.
The acquisition, possession, use or transportation of medical
marijuana by a patient, or the acquisition, possession, delivery,
transportation or administration of medical marijuana by a caregiver,
for use as part of the treatment of the patient's serious medical
condition, as authorized by certification under the Act.
An entity that:
Holds a permit both as a grower/processor and a dispensary;
and
Has a contractual relationship with an academic clinical research
center under which the academic clinical research center or its affiliate
provides advice to the entity, regarding, among other areas, patient
health and safety, medical applications and dispensing and management
of controlled substances.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the Pennsylvania Department of Health (hereinafter
"DOH") to dispense medical marijuana.
The characteristics of the medical marijuana recommended
or limited for a particular patient, including the method of consumption
and any particular dosage, strain, variety and quantity or percentage
of medical marijuana or particular active ingredient.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit from the DOH to grow and process medical marijuana.
A document issued by the DOH that permits access to medical
marijuana.
Marijuana for certified medical use as legally permitted
by the Commonwealth of Pennsylvania in accordance with the Act.
Any facility used to house delivery vehicles for supplying
marijuana plants or seeds to one or more marijuana grower/processors
and/or dispensaries.
A dispensary or a grower/processor of marijuana for medical
purposes.
A permit issued to a grower/processor or a dispensary under
35 P.S. § 10231.609.
The registry established by the DOH for all medical marijuana
organizations and practitioners.
D.
Use regulations.
(1)
Medical marijuana grower/processor.
(a)
A medical marijuana grower/processor may only grow medical marijuana
in an indoor, enclosed, and secure building which includes electronic
locking systems, electronic surveillance and other features required
by DOH regulations. The grower/processor facility shall not be located
in a trailer, cargo container, mobile or modular unit, mobile home,
recreational vehicle or other motor vehicle.
(b)
The floor area of a medical marijuana grower/processor shall
include sufficient space for production, secure storage of marijuana
seed, related finished product cultivation, and marijuana-related
materials and equipment used in production and cultivation or for
required laboratory testing.
(c)
There shall be no emission of dust, fumes, vapors, odors, or
waste into the environment from any facility where medical marijuana
growing, processing or testing occurs.
(d)
Marijuana remnants and by-products shall be secured and properly
disposed of in accordance with the DOH policy and shall not be placed
within any unsecure exterior refuse containers.
(e)
The grower/processor shall provide only wholesale products to
other medical marijuana facilities. Retail sales and dispensing of
medical marijuana and related products is prohibited at medical marijuana
grower/processor facilities.
(f)
Additional buffering above what is required in the section may
be appropriate depending on the location of the facility and proximity
of surrounding uses.
(g)
Loading and off-loading areas within the structure are preferred.
If an external loading dock arrangement is designed, it shall be from
within a secure environment.
(h)
Applicant shall be required to produce a grower/processor permit
issued by the DOH.
(i)
For purposes of application of zoning ordinance requirements,
a grower/processor shall be considered a manufacturing facility.
(2)
Medical marijuana transport vehicle facility.
(a)
All vehicles shall be stored in a secure garage facility. No
vehicles will be permitted to be parked outside the secured garage.
(b)
The garage will be a secure facility which includes electronic
locking systems, electronic surveillance and other features required
by DOH regulations.
(c)
The facility shall be enclosed in fencing not less than six
feet in height.
(d)
Medical marijuana will not be permitted to be stored in any
of the vehicles parked at such facility.
(e)
For purposes of application of zoning ordinance requirements,
medical marijuana transport vehicle facility shall be considered a
contractor's yard.
(f)
Loading and off-loading areas within the structure are preferred.
If an external loading dock arrangement is designed, it shall be from
within a secure environment.
(g)
Additional buffering above what is required in the Ordinance
may be appropriate depending on the location of the facility and proximity
of residences.
(3)
Medical marijuana dispensary.
(a)
A medical marijuana dispensary shall be legally registered in
the commonwealth and possess a current valid medical marijuana permit
from the DOH.
(b)
A medical marijuana dispensary may only dispense medical marijuana
in an indoor, enclosed, permanent, and secure building and shall not
be located in a trailer, cargo container, mobile or modular unit,
mobile home, recreational vehicle or other motor vehicle.
(c)
A medical marijuana dispensary may not operate on the same site
as a facility used for growing and processing medical marijuana.
(d)
Medical marijuana dispensaries shall have a single secure public
entrance and shall implement appropriate security measures to deter
and prevent the theft of marijuana and unauthorized entrance into
areas containing medical marijuana.
(e)
A medical marijuana dispensary shall be used for secure storage
of product and shall have an interior customer waiting area equal
to a minimum of 25% of the gross floor area.
(g)
A medical marijuana dispensary may dispense only medical marijuana
to certified patients and caregivers and shall comply with all lawful,
applicable health regulations.
(h)
A medical marijuana dispensary may not be located within 1,000
feet of the property line of a public, private or parochial school
or a day-care center. This distance shall be measured in a straight
line from the closest exterior wall of the building or portion thereof
in which the business is conducted or proposed to be conducted to
the closest property line of the protected use, regardless of municipality
in which it is located.
(i)
A medical marijuana dispensary shall be a minimum distance of
1,000 feet from the next nearest medical marijuana facility. This
does not include complementing or supporting businesses covered by
different definitions. This distance shall be measured in a straight
line from the closest exterior walls of the buildings or portions
thereof in which the businesses are conducted or proposed to be conducted,
regardless of municipality in which it is located. This separation
distance does not apply to the distance between the grower/processor
or academic clinical research centers and the specific dispensary
they serve, or with which they partner.
(j)
Any medical marijuana facility lawfully operating shall not
be rendered in violation of these provisions by the subsequent location
of a public, private or parochial school or a day-care center.
(k)
Additional buffering above what is required in the Ordinance
may be appropriate depending on the location of the facility and proximity
of residences.
(l)
Loading and off-loading areas within the structure are preferred.
If an external loading dock arrangement is designed, it should be
from within a secure environment.
(m)
Applicant shall produce the dispensary permit issued by the
DOH.
(n)
For purposes of application of zoning ordinance requirements,
dispensary shall be considered a retail business.
E.
Statutory and regulatory requirements. In addition to the within
regulations, applicant shall demonstrate compliance with all statutory
requirements set forth in the Act, as well as regulations thereunder
and any and all other requirements of the DOH.
F.
Severability. If any section, subsection, sentence, clause or phrase
or portion of this section is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such shall be deemed a separate,
distinct, and independent provision and such holding shall not affect
the validity of the remaining portion thereof.
G.
Penalties. Any owner, operator, or other person who violates or permits
a violation of this section shall, upon being found liable therefor
in a civil enforcement proceeding before a Magisterial District Judge,
pay to the Township a fine of not more than $500, plus all court costs,
including but not limited to reasonable attorney's fees incurred
by the Township on account of such violation. No penalty or cost shall
be imposed until the date the determination of the violation by the
Magisterial District Judge becomes final. If the defendant neither
pays nor timely appeals the judgment, the Township may enforce the
judgment as provided by law. Each day a violation exists after final
judgment shall constitute a separate offense. The amount of the fine
imposed shall be multiplied by the number of such days and may be
charged and collected by the Township without further judicial proceedings.
Further, the appropriate officers or agents of the Township are hereby
authorized to issue a cease-and-desist notice and/or to seek equitable
relief, including injunction, to enforce compliance herewith. No bond
will be required if injunctive relief is sought by the Township. A
person who violates this section shall also be responsible for the
Township attorney's fees, engineering fees, expert fees and court
costs reasonably incurred by the Township on account of such violation.
A.
Findings. The primary minerals of importance extant in the Township
are sand and gravel, and quarry stone. The Pennsylvania Municipalities
Planning Code[1] clearly recognizes mineral extraction as a lawful use.
Along with other community effects, such uses can have impacts on
water supply sources and are governed by state statutes that specify
replacement and restoration of affected water supplies. In addition,
the Planning Code now severely limits the range of development and
operational standards which can be applied to mineral extraction by
local municipalities, with location standards the primary tool available
to the Township. The Municipalities Planning Code § 603(1)[2] states that zoning ordinances shall provide for the reasonable
development of minerals in each municipality. The code definition
of "minerals" is: "Any aggregate or mass of mineral matter, whether
or not coherent." The term includes, but is not limited to, limestone
and dolomite, sand and gravel, rock and stone, earth, fill, slag,
iron ore, zinc ore, vermiculite and clay, anthracite and bituminous
coal, coal refuse, peat and crude oil and natural gas. The code, at
§ 603(b), allows zoning ordinances to regulate mineral extraction,
but only to the extent that such uses are not regulated by the state
Surface Mining Conservation and Reclamation Act,[3] the Noncoal Surface Mining Conservation and Reclamation
Act,[4] and the Oil and Gas Act.[5] These acts regulate such things as setbacks, dust, noise,
blasting, water supply effects, and reclamation.
B.
Intent. The intent of this § 400-828 is to ensure the Township is supplied with all necessary information for making an informed decision about the proposed mineral extraction and to establish the foundation for any conditions required to protect the public health, safety and general welfare.
C.
Use classification; mineral processing a separate use.
(1)
Use classification. Mineral extraction shall be allowed only
in those districts as listed in the Schedule of Uses.
(2)
Mineral extraction, minor. The intent of this § 400-828C(2) is to permit mineral extraction operations limited in area, duration and mechanical operations.
(a)
Mineral extraction operations with an open face of 10,000 square
feet or less which will not result in a total disturbed area of more
than two acres on any one parcel over the life of the operation, and
which do not involve on-site screening, washing, crushing and grading,
and/or any mineral processing or the use of manufacturing equipment,
shall be hereinafter referred to as "mineral extraction, minor."
(b)
The duration of the minor mineral extraction process shall not
exceed 180 days, and reclamation of the entire site shall be completed
within one year of the issuance of the zoning use permit.
(c)
The subdivision of a parcel to qualify for additional mineral
extraction, minor uses shall not be permitted.
(3)
Mineral processing.
(a)
Separate and distinct use. Any use which involves the refinement
of minerals by the removal of impurities, reduction in size, transformation
in state, or other means to specifications for sale or use, and the
use of minerals in any manufacturing process such as, but not limited
to, concrete or cement batching plants, asphalt plants and manufacture
of concrete and clay products, shall be considered mineral processing,
a separate and distinct use regulated as a regional use by this chapter.
(b)
Incidental with extraction operation. This shall not preclude
the incidental screening, washing, crushing and grading of materials
originating on the site as part of a mineral extraction operation.
D.
Standards. In addition to the performance standards in § 400-702 and all other applicable standards of this chapter which are not preempted by state statute, mineral extraction shall comply with the following:
(1)
Parcel size. The minimum parcel size shall be 10 acres for mineral
extraction, minor and 50 acres for mineral extraction.
(2)
Setback. A setback of 200 feet shall be maintained between any
disturbed area associated with any mineral extraction operation and
adjoining properties and public road rights-of-way.
(3)
Undisturbed buffer. The required setback areas shall be undisturbed
to provide a buffer and shall not be used for parking, storage or
any other purpose associated with the operation except landscaping
and crossing of access roads.
(4)
Conditional use buffers. In determining the type and extent
of the buffer required for conditional uses, the Township shall take
into consideration the design of any project activities and/or structure(s)
and site, topographic features which may provide natural buffering,
existing natural vegetation, and the relationship of the proposed
project to adjoining areas.
(a)
If required, the landscaped buffer may be installed in the setback
area, and shall consist of trees, shrubbery and other vegetation and
shall be a minimum of 25 feet wide.
(b)
Buffers shall be designed in accord with § 400-702C and the design details shall be included on the site plan. Buffers shall be considered improvements for the purposes of guaranteeing installation in accord with the requirements for land developments in Chapter 345, Subdivision and Land Development.
(c)
It shall be the responsibility of the applicant and/or operator
to maintain all buffers in good condition, free of rubbish, and replace
any dying or dead plants or deteriorating landscape material.
(5)
Access routes; road conditions.
(a)
Mineral extraction operations shall be permitted only on sites
using access to a state road.
(b)
The applicant shall provide a map showing the public roads in
the Township proposed to be used to access the operation and provide
an evaluation of the condition of any Township road which will be
used and the potential damage which may occur from such use.
(6)
Conditions of approval. If the Township determines that the standards in § 400-702 which are not preempted are not adequate for a conditional use, the Board of Supervisors shall attach such other conditions deemed necessary to protect the public health, safety and welfare, provided the conditions do not include requirements which are preempted by state statute. Such conditions imposed by the Board of Supervisors may be related to hours of operation, more stringent noise control, outdoor operations and storage, lighting and glare, stormwater management, security, and other necessary safeguards.
(7)
Fence. A chain-link fence not less than six in height shall
be installed to prevent access to any area where an excavation or
change in elevation presents a public hazard.
E.
Local, state and federal regulations. Mineral extraction and mineral
extraction, minor operations shall comply with all applicable local,
state and federal laws and rules and regulations. No zoning permit
shall be issued until such time as the applicant provides evidence
of compliance with state and federal regulations. Applicable laws
and rules and regulations include, but are not limited to, the Noncoal
Surface Mining Conservation and Reclamation Act[6] and the Clean Streams Law.[7]
F.
Information requirements for mineral extraction (but not for mineral extraction, minor). The applicant shall, at a minimum, provide the information required by this chapter and the information required for land developments in Chapter 345, Subdivision and Land Development. In addition, the applicant shall submit all other information required to enable the Township to assess the environmental, community and other public health, safety and welfare effects of the proposed operation. The findings of the Township based on this information shall serve as a basis for the establishment of conditions of approval in accord with § 400-1209D(6) and § 603(c)(2) of the Pennsylvania Municipalities Planning Code.[8]
(1)
DEP application information. The applicant shall provide a copy
of all applications and information required by the applicable DEP
Rules and Regulations. However, applicants proposing mineral extraction
operations qualifying as small noncoal operations under DEP regulations
shall provide all information required by Chapter 77, Noncoal Mining,
of DEP Rules and Regulations for operations which are not considered
small noncoal operations.
(2)
Surface and groundwater protection, traffic impact study and environmental impact statement. The Township shall require for mineral extraction and may require for mineral extraction, minor, the applicant to submit details about ground and surface water protection (see § 400-702M), an Environmental Impact Statement (see § 400-704), and a Traffic Impact Study (see § 400-709).
(3)
Emergency response. The Applicant shall develop a Emergency
Preparedness, Prevention and Control Plan in accord with state and
federal requirements and generally accepted practice and submit the
Plan for review and comment by the Township.
[8]
Editor's Note: See 53 P.S. § 10603(c)(2).
G.
Reporting requirements for mineral extraction (but not for mineral
extraction, minor) For any mineral extraction operation approved by
the Township, the operator shall submit to the Township copies of
all DEP-required or DEP-issued documents and reports associated with
the operation, within 15 days of the date of the document or report.
H.
Expansion of nonconforming operations. Mineral extraction and mineral extraction, minor operations which are nonconforming by location in a zoning district where such operations are not allowed by the Schedule of Uses may expand to the limits of the DEP permit in effect at the time the operation became nonconforming. Any such expansion shall comply with the requirements of this § 400-828.
Self-storage facilities shall be permitted only in those districts
as specified in the Schedule of Uses and shall comply with the following
standards in addition to all other applicable standards of this chapter:
A.
Bulk requirements. Minimum lot size, lot width and setbacks, and
maximum lot coverage and building height shall conform to district
standards. Minimum distance between buildings shall be 20 feet.
B.
Setback areas. There shall be no storage, use or structure within
the setback area, with the exception of the access drive(s).
C.
Fence. The facility shall be surrounded by a fence of such height
and design as to restrict access to the warehouse, and said fence
shall not be less than six feet in height and shall be located between
the warehouse and any required vegetative screening.
D.
Habitation. No storage unit shall be used for habitation or residential
purposes and individual mini-warehouse units shall not be served by
a water supply or a sewage disposal system.
E.
Storage limitations. No storage unit shall be used for any other
purpose except storage and shall not be used for any other type of
commercial or manufacturing activity. No material, supplies, equipment
or goods of any kind shall be stored outside of the warehouse structure,
with the exception of the vehicles required for the operation of the
warehouse and boats and recreational vehicles and trailers.
F.
Lighting. All facilities shall be provided with adequate outdoor
lighting for security purposes; and such lighting shall be so directed
as to prevent glare on adjoining properties.
G.
Fire/water damage. All storage units shall be fire-resistant and
water-resistant.
H.
Materials stored. All self-storage facility proposals shall include detailed information on the nature and quantity of materials to be stored on the premises. Proposed space rental agreements shall be submitted with the conditional use application and shall provide specific rules and regulations to insure that the requirements of this § 400-841 are or will be satisfied.
It is the intent of this § 400-845 to provide standards for the flexibility of design of shopping centers and malls, and multiple-occupant commercial buildings (referred to as "multiple-occupant commercial buildings") while at the same time to assure the compatibility of the commercial development with the surrounding character of the Township. This shall be accomplished by:
A.
Siting buildings, parking areas and other facilities and improvements
based upon the particular topography of development site;
B.
Designing buildings with consideration of architectural style and
type of construction material in keeping with the surrounding landscape
and development pattern;
C.
Providing safe and convenient vehicle and pedestrian access from
the public right-of-way based on the existing area-wide traffic circulation
pattern and the expected traffic generated by the proposed use;
D.
Designing parking areas to complement patterns of traffic and pedestrian
flow and to provide adequate off-street parking for shopping center
patrons;
E.
Maintaining to the greatest extent possible natural vegetation and
provide landscaping as an integral part of the overall design of the
proposed use and parking areas;
F.
Considering the impact of stormwater, noise, traffic and lighting
on surrounding land uses and providing buffers to minimize adverse
impacts;
G.
Conditional use and land development. Any proposed multiple occupant commercial building shall be considered a conditional use and, in addition to the other applicable requirements of this chapter, shall be subject to the requirements of this § 400-845. Said proposal shall also be considered a "land development" as defined by the Pennsylvania Municipalities Planning Code[1] and Chapter 345, Subdivision and Land Development, and shall comply in all respects with all the requirements for plan submission and content for land developments contained therein, as well as the information which follows. The Township may also require any additional information, studies or reports as it deems necessary to meet the intent of this and other Township ordinances.
(1)
Location, widths, and names of all existing or prior platted
streets and utility rights-of-way, parks, and other public open spaces,
permanent buildings and structures, houses or permanent easements,
and municipal boundary lines, within 500 feet of the tract;
(2)
A traffic and pedestrian flow chart showing circulation patterns
from the public right-of-way and within the confines of the shopping
center.
(3)
Location and dimensions of vehicular drives, entrances, exits,
acceleration and deceleration lanes;
(4)
Location, arrangement, and dimensions of automobile parking
space, width of aisles, width of bays, angle of parking;
(5)
Location, arrangement, and dimensions of truck loading and unloading
spaces and docks;
(6)
Location and dimensions of pedestrian entrances, exits, walks;
(7)
Location, height, and materials of walls, fences, screen plantings,
and other landscaped areas.
(8)
Preliminary architectural drawings for all buildings;
(9)
Location, size, height, and orientation of all signs other than
signs flat on building facades;
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
H.
Ownership. The site proposed for any multiple occupant commercial
building shall be held in single ownership or in unified control,
and the applicant shall provide to the Township evidence of said ownership
and/or control.
[Added 1-25-2016 by Ord.
No. 2016-02]
Slaughterhouses shall, in addition to all other applicable standards
of this chapter, be subject to the following standards:
A.
Parcel size. A minimum parcel of five acres shall be required.
B.
Setbacks.
(1)
Buildings. The minimum setbacks for all buildings shall be 100
feet from property lines and road rights-of-way.
(2)
Animals. Structures which are not fully enclosed, corrals and
other areas for the outdoor confinement of animals shall comply with
the following setbacks unless state or federal regulations require
a greater setback:
C.
Animal confinement. All animals shall be confined to the slaughterhouse
property at all time by fences or other structures.
D.
Wastes. Solid and liquid wastes shall be disposed of in a manner
to avoid creating insect or rodent problems, and an insect/rodent
abatement plan shall be prepared. No discharges of liquid wastes and/or
sewage shall be permitted into a reservoir, sewage or storm sewer
disposal system, holding pond, stream or open body of water, or into
the ground unless the discharges are in compliance with the standards
of local, state and/or federal regulatory agencies.
E.
Operating standards. The applicant shall demonstrate that it will
meet the operational and management standards as may be set forth
in treatises recognized by agricultural authorities or as the same
may be produced by the Pennsylvania Department of Agriculture, Department
of Environmental Protection, Pennsylvania State University, College
of Agricultural Sciences, or similar entity.
F.
Odor. (See also § 400-702K.) The applicant shall prepare an odor abatement plan and document the ability to comply with the plan. It is recognized that certain activities do produce odors, but the applicant shall show that odors can be reduced to a minimum or abated. The plan shall include such steps as may be necessary to abate odors or to allow odors at times to minimize interference with the public health, safety and welfare.
A.
Purposes. The purpose of this § 400-847 is to:
(1)
Location and number. Accommodate the need for solar power facilities
while regulating their location and number in the Township in recognition
of the need to protect the public health, safety and welfare.
(2)
Critical development areas. Avoid development of land-intensive
solar facilities in areas designated for other uses critical to community
and economic development.
(3)
Grid infrastructure costs. Minimize utility grid infrastructure
development costs by requiring solar facilities to be near substations
with the capacity to accommodate the generated electricity.
(4)
Traffic. Reduce traffic impacts by requiring solar facility
access to roads with adequate capacity.
B.
Permits; use regulations.
(1)
All commercial solar power generation (CSPG) applications shall
be conditional uses in accordance with Attachment 1, Schedule of Uses:
C Commercial District, of this chapter. Such uses shall also meet
the requirements of the Polk Township Subdivision and Land Development
Ordinance (SALDO).[1]
[Amended 2-28-2022 by Ord. No. 2022-05]
(2)
Associated use. All other uses ancillary to the solar power
facility (including a business office, maintenance depot, etc., greater
than 1,000 square feet) are prohibited from the solar power facility,
unless otherwise permitted in the zoning district in which the solar
power facility is located. This shall not prohibit the installation
as accessory structures of equipment containers not intended for human
occupancy to house only equipment necessary for the operation of the
solar power facility.
(3)
Solar power facility as a second principal use. A solar power
facility shall be permitted on a property with an existing use subject
to the following land development standards:
(a)
The minimum lot area, minimum setbacks and maximum height required
by this chapter for the solar power facility shall apply, and the
land remaining for accommodation of the existing principal use(s)
on the lot shall also continue to comply with the minimum lot area,
density and other requirements.
(b)
The vehicular access to the equipment building shall, whenever
feasible, be provided along the circulation driveways of the existing
use.
(c)
The applicant shall present documentation that the owner of
the property has granted an easement or other legal interest for the
land for the proposed solar power facility and that vehicular access
is provided to the solar power facility.
C.
Standards and design.
(1)
Parcel size; location; setbacks; lot coverage.
(a)
The minimum parcel size shall be 50 acres.
[Amended 2-28-2022 by Ord. No. 2022-05]
(b)
The parcel shall not be more than three miles from a utility
substation with the capacity to service the proposed facility.
(c)
The setback for solar collectors, all structures, equipment
containers and any associated mechanical facilities shall be 100 feet
from property lines.
(d)
The maximum lot coverage shall be 75% and the area of the solar
collectors shall be included in the calculation of lot coverage.
(2)
Height. Solar collectors shall not exceed the principal structure
height limitations for the underlying zoning district.
(3)
The CSPG and its solar energy system, solar-related equipment,
principal and accessory buildings and structures and parking facilities
shall be enclosed by a perimeter chain-link fencing and/or fencing
required by state or federal agencies, and access gates at a height
between eight and nine feet for the purpose of restricting unauthorized
access. Such fencing shall be poly-coated in a color determined by
the Board of Supervisors and shall not include barbed wire or similar
product unless otherwise required by state or federal agencies.
[Amended 2-28-2022 by Ord. No. 2022-05]
(4)
Landscaping. Landscaping may be required to screen as much of
the solar power facility ground features as possible, the fence surrounding
the support structure, and any other ground level features (such as
a building), and in general buffer the solar power facility ground
features from neighboring properties. The Township may permit any
combination of existing vegetation, topography, walls, decorative
fences or other features instead of landscaping, if the same achieves
the same degree of screening as the required landscaping.
(5)
Licenses; other regulations; insurance. The applicant shall
demonstrate that it has obtained the required licenses from governing
state and federal agencies, and agreement from the local electric
utility. The applicant shall also document compliance with all applicable
state and federal regulations. The applicant shall submit the name,
address and emergency telephone number for the operator of the solar
power facility; and a certificate of insurance evidencing general
liability coverage in the minimum amount of $1,000,000 per occurrence
and property damage coverage in the minimum amount of $1,000,000 per
occurrence covering the solar power facility.
(6)
Access; required parking. Access to the solar power facility
shall be provided by means of a public road with the capacity to carry
the anticipated amount and type of traffic. If the solar power facility
site is fully automated, adequate parking shall be required for maintenance
workers.
(7)
Communications interference. The applicant shall document that
the radio, television, telephone or reception of similar signals for
nearby properties shall not be disturbed or diminished, and this may
be accomplished by remedial measures instituted by the solar power
facility developer.
(8)
Solar panels shall be placed such that concentrated solar radiation
(e.g., light, heat, EMF and/or communications interference) or glare
shall not be directed onto other properties, roadways or other areas
accessible to the public. The CSPG owner and/or operator has the burden
of proving that any solar radiation (described above) or glare produced
does not adversely impact upon other properties, aircraft, flying
species, and/or adjacent uses either through siting or mitigation.
The CSPG owner and/or operator shall be responsible to mitigate any
adverse solar radiation (described above) or glare impacts, as determined
by the Township Engineer or consultant, prior to issuance of a certificate
of occupancy.
[Amended 2-28-2022 by Ord. No. 2022-05]
(9)
Historic structures. A solar power facility shall not be located
within 500 feet of any structure listed on any public historic register.
(10)
Standards; certification. The design of the solar power facility
shall conform to applicable industry standards, including those of
the American National Standards Institute. The applicant shall submit
certificates of design compliance obtained by the equipment manufacturers
from Underwriters Laboratories or other similar certifying organizations.
The operator shall repair, maintain and replace the solar collectors
and associated equipment in like manner as needed to keep the facility
in good repair and operating condition.
(12)
Electrical components. All electrical components of the solar
power facility shall conform to relevant and applicable local, state
and national codes, and relevant and applicable international standards.
(13)
Warnings. A clearly visible warning sign concerning voltage
shall be placed at the base of all pad-mounted transformers and substations.
Visible, reflective, colored objects, such as flags, reflectors, or
tape, shall be placed on the anchor points of guy wires and along
the guy wires up to a height of 10 feet from the ground.
(14)
Signs. No advertising material or signs other than warning,
manufacturer and equipment information or indication of ownership
shall be allowed on any equipment of structures.
(15)
Transmission and power lines. On-site transmission and power
lines shall, to the greatest extent possible, be placed underground.
(16)
Stray voltage/electromagnetic fields (EMF). The operator shall
use good industry practices to minimize the impact, if any, of stray
voltage and/or EMF.
(17)
Emergency services. The applicant shall provide details about
any fire-suppression system installed in any accessory structure or
equipment container associated with the solar power facility. Upon
request, the applicant shall cooperate with emergency services to
develop and coordinate implementation of an emergency response plan
for the solar power facility.
(18)
All conditional use applications shall include a descriptive
site plan including but not limited to dimensional setbacks, locations
of property lines, roadways and driveways, location of size of solar
panels, and/or arrays, elevations and height of buildings and structures,
location and detail of perimeter fencing, and buffing and landscaping
requirements. The site plan shall incorporate a fire protection plan,
including but not limited to location of hydrants and other on-site
and off-site firefighting equipment, and a narrative of same shall
be provided to the Township and Polk Township Fire Chief for their
review and comment.
[Amended 2-28-2022 by Ord. No. 2022-05]
(19)
The owner or operator will provide a copy of a current and valid
written authorization from a utility company to the Township acknowledging
and approving such connection.
[Added 2-28-2022 by Ord. No. 2022-05]
(20)
The CSPG shall be designed and constructed so that ground leveling
is limited to those areas needed for installation of land development
improvements and solar-related equipment so that the natural ground
contour is preserved to the greatest extent practical. Any earth disturbance
shall, at a minimum, require an erosion and sedimentation control
plan approved by the Monroe County Conservation District. Such earth
disturbances in conjunction with a site alteration or land development
shall meet the applicable sections of this chapter, and SALDO.[3]
[Added 2-28-2022 by Ord. No. 2022-05]
(21)
Trees shall be preserved to the maximum extent possible to preserve
existing buffers and to meet the buffering requirements of the Zoning
Ordinance, as tree clearing is necessary in the area to be used for
solar-related equipment. Following decommissioning of the CSPG, every
existing tree eight inches or more in diameter (measured at 4.5 feet
off the ground) that is removed shall be replaced on a 1:1 basis with
a native tree that has the same maximum height and growth rate of
the tree to be removed. The replacement trees shall be approved by
the Supervisors. The replacement trees at initial planting shall be
not less than 2 1/2 inches' caliper and/or eight feet in height above
ground level. The replacement trees shall grow to be at least 15 feet
tall after planting and any trimming. Following decommissioning, the
replacement trees shall be placed on the CSPG site to maximize stormwater
management and/or screening of the former area of the CSPG from adjacent
properties.
[Added 2-28-2022 by Ord. No. 2022-05]
(22)
The manufacturer's or installer's identification and appropriate
warning signage not greater than three each, or the minimum square
footage signage allowed by applicable code, state or federal agency,
shall the access gate and/or perimeter fencing as required by applicable
regulations. Except as provided herein, not display signage of any
kind, including, but not limited to, streamers, pennants, spinners,
reflectors, ribbons, tinsel, balloons, flags, banners or similar materials.
[Added 2-28-2022 by Ord. No. 2022-05]
(23)
All on-site utility lines shall be placed underground unless otherwise
approved by the Board of Supervisors. The conditional use site plan
and land development plan shall clearly depict where all underground
and aboveground utility lines are proposed.
[Added 2-28-2022 by Ord. No. 2022-05]
D.
Public inquiries and complaints. The solar power facility owner and
operator shall maintain a phone number and identify a responsible
person for the public to contact with inquiries and complaints throughout
the life of the project, and the solar power facility owner and operator
shall make reasonable efforts to respond to the public's inquiries
and complaints.
E.
Decommissioning.
(1)
Time limit. The solar power facility owner and operator shall,
at its own expense, complete decommissioning of the solar power facility,
or individual components, within 12 months after the end of the useful
life of the solar power facility or individual components. The solar
power facility or individual components shall be presumed to be at
the end of its useful life if no electricity is generated for a continuous
period of 12 months.
(2)
Depth requirement. Decommissioning shall include removal of
collectors, buildings, cabling, electrical components, roads, foundations,
and any other associated facilities.
(3)
Disturbed earth. Disturbed earth shall be graded and reseeded,
unless the landowner requests in writing that the access roads or
other land surface areas not be restored.
(4)
Professional engineer. An independent and certified professional
engineer shall be retained to estimate the total cost of decommissioning
(decommissioning costs) without regard to salvage value of the equipment,
and the cost of decommissioning net salvage value of the equipment
(net decommissioning costs). Said estimate should be submitted to
the Township at the time of the conditional use hearing, and every
fifth year thereafter.
[Amended 2-28-2022 by Ord. No. 2022-05]
(5)
Financial security bond. The solar power facility owner or operator, prior to the issuance of a zoning permit, shall provide a financial security bond with the Township as payee in an amount approved by the Board of Supervisors, but not less than $50,000, from a company and in a form and content acceptable to the Board of Supervisors, to insure the decommissioning within 180 days of the expiration of the license or lease and/or cessation of use. The bond shall remain in place for as long as the facilities exist at the site. The Supervisor shall review the amount of the bond upon receipt of the engineer's report required by § 400-847E(4). The amount of the bond may be increased or decreased based upon the Supervisors' review.
[Amended 2-28-2022 by Ord. No. 2022-05]
(6)
Funds. Decommissioning funds may be in the form of a performance
bond, surety bond, letter of credit, corporate guarantee or other
form of financial assurance as may be acceptable to the Township.
(7)
Landowner responsibility. If the solar power facility owner
or operator fails to complete decommissioning within the prescribed
time period, then the landowner shall have 180 days to complete decommissioning.
(8)
Township intervention. If neither the solar power facility owner
or operator, nor the landowner complete decommissioning within the
prescribed periods, then the Township may take such measures as necessary
to complete decommissioning. The entry into the record and submission
of evidence of a participating landowner agreement to the Township
shall constitute agreement and consent of the parties to the agreement,
their respective heirs, successors and assigns that the Township may
take such action as necessary to implement the decommissioning plan.
(9)
Release of decommissioning funds. The escrow agent shall release
the decommissioning funds when the solar power facility owner or operator
has demonstrated and the Township concurs that decommissioning has
been satisfactorily completed, or upon written approval of the Township
in order to implement the decommissioning plan.
See § 400-813.
The intent of this § 400-850 is to provide standards for access to public roads and setbacks for storage yards for forest products and minerals. (See definition of "storage yards for forest products and minerals" in Article III.)
A.
Access to public roads.
(1)
Highway occupancy permit. Access roads to Township and state
roads shall be in accord with a valid highway occupancy permit.
(2)
Stabilization. The access road shall be adequately stabilized
with stone, shale or other material to minimize soil erosion and the
tracking of mud onto the public road.
(3)
Weight limitations. All operations shall comply with all posted
weight limits and road bonding regulations.
(4)
Use of public roads. Felling or skidding on or across any public
road shall be prohibited without the express written authorization
of the Township or the Pennsylvania Department of Transportation,
as applicable.
B.
Setbacks.
(1)
Residential and nonresidential buildings. Storage yards shall
not be less than 300 feet from any existing residential, commercial,
institutional, public or semipublic building, other than such building
located on the property on which the landing is located.
(2)
Property lines. Storage yards shall not be less than 50 feet
from any property line other than a property line along a public road
right-of-way.
(3)
Public roads. Storage yards shall not be less than 50 feet from
any public road right-of-way.
(4)
Streams, water bodies and wetlands. Storage yards shall not
be less than 100 feet from any stream, water body or wetland.
(5)
Slope. Storage yards shall be located on slopes less than 8%.
Low spots and poorly drained places shall be avoided.
Commercial swimming pools shall be permitted only in those districts as specified in the Schedule of Uses and, in addition to all other applicable requirements of this chapter, shall comply with the standards in this § 400-851.
A.
Setback. The water surface shall be not less than 50 feet from any
lot line.
B.
Parcel size. The minimum lot area shall be two acres.
C.
Enclosure. A fence, wall or other enclosure not less than six feet
high and of a design to restrict access shall completely surround
the area of the swimming pool. This enclosure shall be designed to
be difficult for children to climb or slip through. All gates or door
openings through such enclosure shall be self-closing and include
a self-latching device on the pool side for keeping the gate or door
securely closed when the pool is not in use.
D.
Access. Access to all pools shall be restricted when the pool is
not in use.
E.
Hours of operation. The hours of operation of outdoor commercial
pools shall be limited to the hours between 9:00 a.m. and 9:00 p.m.
Vehicle related uses shall be permitted only in those districts as specified in the Schedule of Uses and, in addition to all other applicable standards, shall comply with the standards in this § 400-856.
A.
Car and truck wash facilities. All car and truck wash facilities
shall be subject to the following specific regulations and requirements:
(1)
The principal building housing the said facility shall be set
back a minimum of 60 feet from the road or street right-of-way line
and 30 feet from the side or rear property lines.
(2)
Appropriate facilities for the handling of wastewater from the
washing activities shall be provided, including, the prevention of
water being dripped onto the adjoining road or street from freshly
washed vehicles during periods of freezing weather.
(3)
The facility shall have adequate means of ingress and egress
to prevent adverse effects to either vehicular or pedestrian traffic.
When a wash facility occupies a corner lot, the access driveways shall
be located at least 75 feet from the intersections of the front and
side street right-of-way lines.
(4)
The site shall be sufficiently large to accommodate vehicles
awaiting washing during peak periods, but in no case shall the waiting
area for each stall accommodate less than three automobiles.
(5)
Any wash facility located within 200 feet of any residential
district shall not operate between the hours of 9:00 p.m. and 7:00
a.m.
B.
Vehicle or equipment repair operations. All vehicle or equipment
repair operations shall be subject to the following specific regulations
and requirements:
(1)
All service and repair activities shall be conducted within
a completely enclosed building where adequate measures shall be taken
to minimize motor noise, fumes, and glare; except that minor servicing
such as changing tires, sale of gasoline or oil, windshield washing
and other similar normal activities may be conducted outside the said
building.
(2)
Only vehicles with current licenses and current registration
waiting to be repaired or serviced or waiting to be picked up by the
vehicle owner may be stored outdoors. If a legitimate, bona fide,
service station stores more than four vehicles per interior service
stall, it shall comply with the junk regulation set forth in this
chapter. Proof of current license and current registration or ownership
of any vehicle will be required upon demand by the Zoning Officer.
(3)
No area on the lot which is required for the movement of vehicles
in and about the buildings and facilities shall be used for complying
with the off-street parking requirements of this chapter.
(4)
All new or used tires and parts shall be stored within a completely
enclosed building or area contained by a solid fence to provide screening.
Used tires and parts shall not be stored on the premises in excess
of what would normally accumulate in 30 days of normal operation.
(5)
Gasoline pumps and other service appliances may be located in
the required front setback, but shall not be situated closer to the
road or street right-of-way line than 30 feet or the PennDOT requirement,
whichever is greater. Any aboveground storage tanks shall not be placed
in the front setback area.
(6)
No vehicles shall be stored in any required setback areas.
(7)
Any operation which is primarily intended to serve trucks with
three or more axles or tractor-trailer trucks shall have a minimum
lot area of two acres, and all areas for fueling and servicing shall
be not less than 100 feet from any residential district.
(8)
All major repair, welding, auto body, painting and similar work
shall be performed within a building with a fume collection and ventilation
system that directs noxious fumes away from any adjacent buildings.
All such systems shall meet all required state and federal health
and safety standards.
C.
Vehicle or equipment sales operations. All vehicle or equipment display
and sales operations of new and used automobiles, trucks, motorcycles,
mobile homes, recreation vehicles, boats, and travel trailers and
other vehicles and equipment shall be subject to the following specific
requirements:
(1)
All principal and accessory buildings and structures shall be
in accord with the setback, building height and lot coverage requirements
of the district.
(2)
The outdoor display of new and used cars, trucks, motorcycles,
mobile homes, recreation vehicle and travel trailers shall meet the
appropriate front, side and rear setback requirements as for the district.
(3)
Activities which are normally accessory to such sales operations, such as engine tune up and repairs, body repairs, painting, undercoating and other similar activities shall be conducted in accord with the applicable standards in § 400-856B.
(4)
Only vehicles with current license and current registration
waiting to be repaired or serviced or waiting to be picked up by the
vehicle owner may be stored in any exterior area. If a legitimate,
bona fide, service station stores more than four vehicles per service
stall in exterior areas, it shall comply with the junkyard regulations
set forth in this chapter. Proof of current license and current registration
or ownership of any vehicle will be required upon demand by the Zoning
Officer.
(5)
No area on the lot which is required for the movement of vehicles
in and about the buildings and facilities shall be used for complying
with the off-street parking requirements of this chapter.
(6)
All new or used tires and parts shall be stored within a completely
enclosed building or area contained by a solid fence to provide screening.
Piles or stacks of tires or other materials in exterior areas shall
be prohibited at all times.
(7)
No vehicles shall be stored in any required setback areas.
