(7.1)
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Community treatment/rehabilitation facility. A structure meeting the definition in § 200-7 which complies with the following requirements:
[Added 10-17-2005 by Ord. No. 354] |
(a)
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Occupation of a community treatment/rehabilitation
facility shall be subject to confirmation by the Code Enforcement
Officer that sanitary sewer facilities, whether on-lot or municipal,
and a potable water supply are sufficient to address the needs of
all the residents of the community residential treatment/rehabilitation
facility.
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(b)
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All community treatment/rehabilitation facilities
and all entities operating a community treatment/rehabilitation facility
shall comply with any and all applicable local, state and federal
ordinances, statutes, rules and/or regulations. Proof of compliance
with such ordinances, statutes, rules and regulations shall be furnished
to the Township prior to the issuance of a zoning permit.
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(c)
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The housing of an individual whose residency
or tenancy in a community treatment/rehabilitation facility would
constitute a direct threat to the health or safety of other individuals
or whose residency or tenancy would result in a substantial physical
damage to the property of others is prohibited.
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(14.1)
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Forestry/timber harvesting.
[Added 12-3-2001 by Ord. No. 329] | ||||
(a)
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Definitions. The following terms shall have
the meanings given them in this subsection.
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FELLING — The act of cutting
a standing tree so that it falls to the ground.
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FORESTRY — The management of
forests and timberlands when practiced in accordance with accepted
silvicultural principles, through developing, cultivating, harvesting,
transporting and selling trees for commercial purposes, which does
not involve any land development. Clear cutting or selective cutting
of forest lands for a land use change are excluded from this definition.
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LANDING — A place where logs,
pulpwood or firewood are assembled for transportation to processing
facilities.
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LITTER — Discarded items not
normally occurring on the site, such as tires, oil cans, equipment
parts and other rubbish.
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LOP — To cut tops and slash
into smaller pieces to allow the material to settle close to the ground.
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OPERATOR — An individual, partnership,
company, firm, association or corporation engaged in timber harvesting
including the agents, subcontractors and employees thereof
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LANDOWNER — An individual, partnership,
company, firm, association or corporation that is in actual control
of forest land, whether such control is based on legal or equitable
title, or on any other interest entitling the holder to sell or otherwise
dispose of any or all of the timber on such land in any manner, and
any agents thereof acting on their behalf, such as forestry consultants,
who set up and administer timber harvesting.
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PRECOMMERCIAL TIMBER STAND IMPROVEMENT —
A forest practice, such as thinning or pruning, which results in better
growth, structure, species composition, or health for residual stand
but which does not yield a net income to the landowner, usually because
any trees cut are of poor quality, too small or otherwise of limited
marketability or value.
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SKIDDING — Dragging trees on
the ground from the stump to the landing by any means.
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SLASH — Woody debris left in
the woods after logging, including lops, tops, chucks, bark branches,
uprooted stumps and broken or uprooted trees or shrubs.
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STAND — Any area of forest vegetation
whose site conditions, past history and current species composition
are sufficiently uniform to be managed as a unit.
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STREAM — Any natural or artificial
channel of conveyance for surface water with an annual or intermittent
flow within a defined bed and banks.
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TIMBER HARVESTING, TREE HARVESTING, or LOGGING — The
process of cutting down trees and removing logs from the forest for
the primary purpose of sale or commercial processing into wood products.
Clear cutting or selective cutting of forest lands for a land use
change are excluded from this definition.
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TOP — The upper portion of a
felled tree that is unmerchantable because of small size, taper or
defect.
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(b)
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Scope; applicability. A zoning permit shall
be required for all forestry/timber harvesting activities, except
as otherwise set forth in Subsection A(14.1)(h) below. An applicant
for a zoning permit for forestry/timber harvesting activities shall
include, as part of the permit application, a written logging plan
in the form specified in Subsection A(14.1)(c) below. The zoning permit,
application and logging plan shall be reviewed by the Township Zoning
Officer and Engineer, if required, to determine compliance with the
provisions of this chapter. No permit for forestry/timber harvesting
activities shall be issued until the Zoning Officer has determined
that the logging plan complies with all of the applicable provisions
of this chapter. The provisions of the logging plan shall be followed
throughout the logging/forestry operation. The logging plan shall
be available at the harvest site at all times during the operation
and shall be provided to the Township Enforcement Officer upon request.
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(c)
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Requirements for forestry/logging plan.
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[1]
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Minimum requirements. As a minimum, the logging
plan shall include the following:
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[a]
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Design, construction, maintenance and retirement
of the access system, including haul roads, skid roads, skid trails,
and landings.
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[b]
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Design, construction and maintenance of water
control measures and structures, such as culverts, broad-based dips,
filter strips and water bars.
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[c]
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Design, construction and maintenance of stream
and wetland crossings.
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[d]
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A written and graphic reforestation or forest
maintenance program prepared by either a professional forester or
arborist providing a program for the reestablishment of the forest
or wooded area on a sustained yield basis. If clear cutting of timber
resources are proposed, such operation shall be limited to no greater
than 30% of the forested wooded area per year. All clear cutting operations
shall be coordinated with a reforestation plan prepared in accordance
with accepted silvicultural practices. The reforestation plan shall
provide acceptable methods for protection against the deer population.
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[e]
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The general location of the proposed operation
in relation to municipal and state highways, including any accesses
to those highways.
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[f]
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Copies of all required permits shall be submitted
as an appendix to the plan.
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[g]
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Proof of current general liability and/or worker's
compensation insurance.
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[h]
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Proof of PennDOT highway occupancy permit or
Township driveway permit for temporary access, as applicable.
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[i]
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Copy of Bucks County Conservation District letter
of adequacy for the proposed erosion control facilities, including
associated plans, reports and other permits as required.
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[2]
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Map. Each forestry/logging plan shall include
a site map containing the following information:
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[a]
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Site location and boundaries, including both
the boundaries of the property on which the timber harvest will take
place and the boundaries of the proposed harvest area within that
property;
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[b]
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Significant topographic features related to
potential environmental problems;
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[c]
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Location of all earth disturbance activities,
such as roads, landings and water control measures and structures;
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[d]
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Location of all crossings of waters of the commonwealth;
and
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[e]
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The general location of the proposed operation
to municipal and state highways, including any accesses to those highways.
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[3]
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Compliance with state law. The forestry/logging
plan shall address and comply with the requirements of all applicable
state laws and regulations, including, but not limited to, the following:
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[a]
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Erosion and sedimentation control regulations
contained in Chapter 102 of Title 25 of the Pennsylvania Code, promulgated
pursuant to the Clean Streams Law (35 P.S. § 691.1, et seq.);
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[b]
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Stream crossing and wetlands protection regulations
contained in Chapter 105 of Title 25 of the Pennsylvania Code, promulgated
pursuant to the Dam Safety and Encroachments Act (32 P.S. § 693.1,
et seq.); and
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[c]
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Stormwater management plans and regulations
issued pursuant to the Stormwater Management Act (32 P.S. § 680.1,
et seq.)
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[4]
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Compliance with federal law/regulations. The
forestry/logging plan shall address and comply with the requirements
of all applicable federal laws and regulations including, but not
limited to, the Best Management Practices (BMPs) as set forth at 33 CFR 323.4(a)(6)(i-xv).
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[5]
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Compliance with Township ordinances. The forestry/logging plan shall comply with all applicable Township ordinances, including but not limited to the provisions of Article XIII of the Township Subdivision and Land Development Ordinance[1] regarding stormwater management, erosion and sediment
control and grading. In cases of conflict, the stricter set of standards
shall apply.
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(d)
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Forest practices. The following requirements
shall apply to all forestry/timber harvesting operations in the Township:
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[1]
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Felling or skidding on or across any public
thoroughfare is prohibited without the expressed written consent of
the Township or the Pennsylvania Department of Transportation, whichever
is responsible for maintenance of the thoroughfare.
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[2]
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No tops or slash shall be left within 25 feet
of any public thoroughfare or private roadway providing access to
an adjoining property.
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[3]
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All tops and slash between 25 and 50 feet from
a public roadway or private roadway providing access to adjoining
residential property or within 50 feet of adjoining residential property
shall be lopped to a maximum height of four feet above the surface
of the ground.
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[4]
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No tops or slash shall be left on or across
the boundary of any property adjoining the operation without the consent
of the owner thereof.
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[5]
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Litter resulting from a timber harvesting operation
shall be removed from the site by the operator before it is vacated.
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[6]
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Any soils, stones and/or debris carried onto
public roadways must be removed immediately.
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[7]
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No forestry/logging use shall be permitted within
areas with slopes of 8% or greater.
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[8]
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When the harvest is completed, both dirt roads
used by the trucks and the skid roads used to drag the logs from the
woods to the loading area must be graded approximately to original
contours, and be seeded and mulched as necessary to establish stable
ground cover.
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[9]
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A no-logging buffer zone with a width of 25
feet shall be maintained along any street abutting or running through
a property on which the forestry/logging operation is to be conducted.
The buffer shall be measured from the ultimate right-of-way of a public
street and from the easement boundary of a private street. No trees
shall be cut, removed, skidded, or transported in a no-logging buffer
zone except as necessary for access to the site from the street.
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[10]
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A no-logging buffer zone with a width of 50
feet shall be maintained along all properties abutting a property
on which the logging operation is to be conducted. The buffer shall
be measured from the property line. No trees shall be cut, removed,
skidded, or transported in a no-logging buffer zone except as necessary
for access to the site from a street.
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[11]
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A no-logging riparian buffer zone with a width
of 75 feet shall be maintained along both sides of any watercourse
or canal that abuts or runs through a property on which the forestry,
logging, or timber harvest operation is to be conducted. The buffer
shall be measured from the high-water mark of the watercourse or canal.
No trees shall be cut, removed, skidded, or transported in a no-logging
riparian buffer zone.
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(e)
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Notification of commencement or completion.
For all forestry and timber harvesting operations that are expected
to exceed one acre, the landowner shall notify the Township Enforcement
Officer at least 10 business days before the operation commences and
within five business days before the operation is complete. No timber
harvesting shall commence until the notice has been provided. Notification
shall be in writing and shall specify the land on which harvesting
will occur, the expected size of the harvest area, and, as applicable,
the anticipated starting or completion date of the operation.
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(f)
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Financial security. Financial security shall
be established in a manner acceptable to the Township to guarantee
repair of all damage that may occur to public streets due to the forestry/logging
operations, and to guarantee compliance with erosion and sedimentation
control plans, compliance with stormwater management plans and compliance
with the requirement for reforestation and restoration of the site
upon completion of logging operations. Pursuant to Chapter 189 of
Title 67 of the Pennsylvania Code, the Township may also require the
landowner or operator to furnish a bond to guarantee the repair of
such roads.
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(g)
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Responsibility for compliance. The landowner
and operator shall be jointly and severally responsible for complying
with the terms of the logging plan.
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(h)
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Exceptions to requirement for zoning permit.
An individual property owner need not obtain a permit to cut a tree
or trees as part of normal home maintenance and upkeep, and the following
activities are specifically exempted:
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[1]
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Removal of diseased or dead trees.
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[2]
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Removal of trees which are in such a condition
or physical position as to constitute a danger to the structures or
occupants of properties or a public right-of-way.
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[3]
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Removal of up to five trees per acre of woodlands
per year, not to exceed a total of 10 trees per lot, or any combination
of adjoining lots in common ownership, which are 12 inches or more
inches in diameter, measured four feet above grade, and not covered
by the exemptions in the foregoing two subsections.
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(i)
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Enforcement.
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[1]
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Inspections. Any official or employee of the
Township may go upon the site of any timber harvesting operation before,
during or after active logging to: review the logging plan or any
other required documents for compliance with this chapter; and inspect
the operation for compliance with the logging plan and other on-site
requirements of this chapter.
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[2]
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Violation notices; suspensions. Upon finding
that a forestry or timber harvesting operation is in violation of
any provisions of this chapter, the Township shall issue the operator
and the landowner a written notice of violation describing each violation
and specifying a date by which corrective action must be taken. The
Township may order the immediate suspension of any operation upon
finding that corrective action has not been taken by the date specified
in a notice of violation; the operation is proceeding without a logging
plan; or the operation is causing an environmental risk. Suspension
orders shall be in writing, shall be issued to the operator and the
landowner, and shall remain in effect until, as determined by the
Township, the operation is brought into compliance with this chapter
or other applicable statutes or regulations. The landowner or the
operator may appeal an order or decision of an official or employee
of the Township in accordance with the provisions of the Pennsylvania
Municipalities Planning Code.[2]
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[3]
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Penalties. Any landowner or operator who violates
any provision of this chapter, or who fails to comply with a notice
of violation or suspension order issued under Subsection A(14.1)(i)[2]
shall be subject to a fine of not less than $500, nor more than $1,000,
plus costs and attorney fees, in accordance with the Pennsylvania
Municipalities Planning Code. Each day of continued violation of any
provision of this subsection shall constitute a separate offense.
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(26.1)
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Open space cluster development. In order to
encourage low-impact development (LID) within the Township, open space
cluster development is permitted as provided in the applicable sections
relating to the R-RP, R-1, R-2 and R-3 Districts. The application
of LID strategies to reduce total and effective impervious surfaces,
retain natural features and vegetation, and reduce the development
footprint may result in the significant reduction of traditional roadway,
stormwater collection, storage and treatment system requirements.
This will result in lower upfront infrastructure costs for the developer
and reduce the long-term maintenance and replacement costs of these
facilities.
[Added 12-20-2006 by Ord. No. 364] | ||
(a)
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Minimum gross site area shall be 10 acres.
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(b)
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Table of performance standards: Lot area and
density for open space cluster development are specified in the applicable
sections for each of the R-RP, R-1, R-2 and R-3 Districts.
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Type
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Size
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Total net site area of farm to which farm retail
is an accessory use (acres)
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25
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26 to 50
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51 to 75
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Over 76
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Maximum gross floor area of building or structure
for retail use (square feet)
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6,000
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8,000
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10,000
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12,000
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