The supplementary regulations in this article
supplement the requirements of articles governing each zoning district
and shall apply to all uses in all zoning districts.
A.
The following uses shall apply to all uses in the
TC, C-1, C-2, C-3 and I-1 Districts. All conditional uses and uses
by special exception shall comply with the requirements of this section.
In order to determine whether a proposed conditional use or use by
special exception will conform to the requirements of this chapter,
the Township Supervisors or Zoning Hearing Board, as the case may
be, may require a qualified consultant to testify, whose cost for
services shall be borne by the applicant.
(1)
Fire protection: Fire-prevention and -fighting
equipment acceptable to the Board of Fire Underwriters shall be readily
available when any activity involving the handling or storage of flammable
or explosive materials is carried on.
(2)
Electrical disturbance: No activity shall cause
electrical disturbance adversely affecting radio or other equipment
in the vicinity.
(3)
Noise. No operation or activity shall cause
or create noise in excess of the sound levels prescribed below:
(a)
Residential districts. At no point beyond the
boundary of any lot within these districts shall the exterior noise
level resulting from any use or activity located on such lot exceed
a maximum of 60 dba for more than four hours during a twenty-four-hour
equivalent period.
(b)
Commercial districts. At no point on or beyond
the boundary of any lot within these districts shall the exterior
noise level resulting from any use or activity located on such lot
exceed a maximum of 65 dba for more than eight hours during a twenty-four-hour
equivalent period.
(c)
Industrial districts. At no point on or beyond
the boundary of any lot within these districts shall the exterior
noise level resulting from any use or activity located on such lot
exceed a maximum of 75 dba for more than eight hours during a twenty-four-hour
equivalent period.
(d)
Where two or more zoning districts in which
different noise levels are prescribed share a common boundary, the
most restrictive noise level standards shall govern.
(e)
The following uses or activities shall be exempted
from the noise regulations:
(f)
In addition to the above regulations, all uses
and activities within the Township shall conform to all applicable
county, state and federal regulations. Whenever the regulations contained
herein are at variance with any other lawfully adopted rules or requirements,
the more restrictive shall govern.
(4)
Vibrations. Vibrations detectable without instruments
on neighboring property in any district shall be prohibited.
(5)
Odors: No malodorous gas or matter shall be
permitted which is discernable on any adjoining lot or property.
(6)
Smoke, ash dust, fumes, vapors and gases. There
shall be no emission of smoke, ash, dust, fumes, vapors or gases which
violates applicable federal, state or county laws or regulations.
No waste material of any kind shall be burned in the open air on any
commercial or industrial property. In no case shall smoke emitted
from any heating or manufacturing process exceed a density equivalent
to Number 2 on the Ringlemann Smoke Detection Chart published by the
U.S. Bureau of Mines when observed from the public street or any property
line.
(7)
Glare. Lighting devices which produce objectionable
direct or reflected glare on adjoining properties or thoroughfares
shall not be permitted.
(8)
Erosion. No erosion by wind or water shall be
permitted which will carry objectionable substances onto neighboring
properties.
(9)
Water pollution. Water pollution shall be subject
to the standards established by the PA DER.
(10)
Solid and liquid waste.
(a)
Solid wastes shall not be permitted to accumulate
in an open storage area on any property. In no case shall liquid wastes
be dumped or permitted to flow or seep into a stream or drainageway.
Liquid wastes that cannot be disposed of on site shall not be permitted
to accumulate.
(b)
Industrial wastewater shall be pretreated in
accordance with the requirements of PA DER regulations prior to discharge
into the sanitary sewer system. The industrial operator shall provide
a chemical analysis of the proposed sewage to the operators of the
public or community sewage treatment system into which they intend
to discharge and such discharge shall be subject to their approval.
(c)
Outdoor storage of liquids shall be either in
vented underground tanks, required if liquids are flammable, or in
tanks set at grade, surrounded by a dike of sufficient size and bulk
to contain the maximum capacity of the tanks intended to be protected.
(11)
Toxic and hazardous wastes. The use, handling,
storage, transportation or generation of hazardous materials or hazardous
wastes as identified by the U.S. Environmental Protection Agency (EPA)
or the PA DER shall be restricted to those activities authorized by
this chapter and shall be limited to the materials used by, or produced
in connection with, the authorized activity. The use, handling, storage,
transportation or generation of hazardous materials and hazardous
wastes, further, shall conform to all applicable regulations and permit
requirements of the U.S. Environmental Protection Agency (EPA) and
the PA DER.
B.
Determination of compliance with performance standards.
During the review of an application for zoning approval, the applicant
may be required to submit data and evidence documenting that the proposed
activity, facility or use will comply with the provisions of this
section. In reviewing such documentation, the Township may seek the
assistance of any public agency having jurisdiction or interest in
the particular issues and the Township may seek advice from a qualified
technical expert. All costs of the expert's review and report shall
be paid by the applicant. A negative report by the technical expert
and the applicant's refusal or inability to make alterations to ensure
compliance with this Section shall be a basis for denying approval
of the application.
C.
Continuing enforcement.
(1)
The Zoning Officer shall investigate any purported
violation of the performance standards and, subject to the approval
of the Board of Supervisors, may employ qualified technical experts
to assist in the determination of a violation. Costs of the services
of such experts shall be paid by the owner or operator of the facility
or use accused of the violation if the facility or use is found to
be in violation. If the facility or use is found to be in compliance
with the performance standards, said costs shall be borne by the Township.
(2)
If the facility or use is found to be in violation, the owner or operator shall be given written notice of violation in accordance with § 175-184 of this chapter and a reasonable length of time to correct the violation. Failure to correct the violation shall be subject to the penalty provisions of this chapter and shall result in the revocation of the occupancy permit for the facility or use.
A.
Composition of buffer yards:
(1)
Buffer Yards A and B shall be comprised of a mixture of 30% deciduous and 70% evergreen trees spaced within the row 10 feet apart, measured from the vertical center lines of adjacent trees. The size of the required trees shall be in accordance with Subsection F, below. In addition, the trees shall be supplemented by a continuous low level screen which is a minimum of three feet in height comprised of a combination of hedges, bushes and earthen moundings.
(2)
Buffer Yards C and D shall be comprised of a
continuous, opaque hedge or line of evergreen trees that will grow
together when mature, planted to achieve a minimum height of six feet
within three years of planting.
B.
Buffer yard requirements: Buffer yards shall be provided
in accordance with the following requirements:
(1)
Buffer Yard A. Buffer Yard A shall be required
in the following circumstances:
(b)
Between any property in an I-1 or C-3 District
and any property zoned R-1, R-2, AG-A, R-AG, or AG-B.
[Amended 7-29-2015 by Ord. No. 128]
(c)
Between any property containing a planned shopping
center and property zoned R-1, R-2, AG-A, R-AG, or AG-B.
[Amended 7-29-2015 by Ord. No. 128]
(d)
Between any planned residential development
(PRD) containing townhouses or garden apartments and any property
zoned R-1, R-2, AG-A, R-AG, or AG-B.
[Amended 7-29-2015 by Ord. No. 128]
(2)
Buffer Yard B. Buffer Yard B shall be required
in the following circumstances:
(b)
Between any planned residential development
(PRD) containing single-family dwellings and two-family dwellings
and any property zoned R-1, R-2, AG-A, R-AG, or AG-B.
[Amended 7-29-2015 by Ord. No. 128]
(c)
Between any property in a TC District and property
zoned R-1, R-2, AG-A, R-AG, or AG-B.
[Amended 7-29-2015 by Ord. No. 128]
(3)
Buffer Yard C. Buffer Yard C shall be required
in the following circumstances:
(4)
Buffer Yard D. Buffer Yard D shall be required
in the following circumstances:
C.
Conflict between buffer yard and yard requirements.
When the width of a required buffer yard is in conflict with the minimum
side or rear yard requirements for the Zoning District, the greater
distance shall apply. The buffer yard planting requirement shall be
met regardless of the minimum yard requirement.
D.
Structures in buffer yards. No structures or uses
shall be located within the required buffer yard, including, but not
limited to, principal buildings or structures, accessory structures,
parking spaces, access driveways, and lighting devices; however, stormwater
management facilities, recreation facilities and pedestrian walkways
may be located in a required buffer yard.
E.
Existing structures in buffer yards. Where an existing
principal structure exists in a required buffer yard, the width of
the buffer yard may be reduced to the width of the area between the
building and the nearest property line.
F.
Size of trees in required buffer yards. All trees
required to be planted within the buffer yard shall be a minimum of
two inches in diameter at a point one foot above the ground measured
along the trunk of the planted tree. All required trees shall be a
minimum of six feet in height at time of planting, measured from the
ground adjacent to the planted tree to the top of the tree. All trees
shall be planted in accordance with accepted conservation practices.
G.
Existing trees in buffer yards. Any existing trees
within the required buffer yard which are a minimum of two inches
in diameter at a point one foot above the ground shall be preserved
and shall count as a required tree within the buffer yard. At no point,
however, shall any existing trees and required trees to be planted
in the buffer yard be separated at a distance greater than the distance
specified in the required buffer yard.
H.
Landscaping of open areas. All yard areas not utilized
for buildings, structures, required buffer yards, parking facilities,
driveways or other paved areas shall be seeded, sodded or landscaped
within a reasonable period of time. The phrase "a reasonable period
of time" shall be interpreted to be within two weeks after construction
activities are completed, unless those activities are completed between
a November 1 through April 1 time period. In such case, the required
sodding or seeding must occur within two weeks of April 1.
I.
Landscaping specifications. In addition to the landscaping
of open areas and required buffer yards, the following landscaping
shall be provided:
(1)
For any nonresidential building or group of
buildings that comprise a gross floor area of 10,000 square feet or
more, at least one deciduous tree must be planted for each 2,000 square
feet of lot area covered by the building footprint.
(2)
For residential developments containing more
than 10 multifamily dwelling units, at least one deciduous tree must
be planted for each multifamily dwelling unit.
(3)
In parking areas containing more than 50 spaces,
at least 5% of the interior parking area shall be landscaped with
plantings and one tree shall be required for each 20 spaces.
(4)
Whenever an open parking area abuts a public
street, a planting strip, at least five feet in depth, planted and
maintained with shrubbery, trees or other landscape or decorative
natural materials, shall be installed across the entire frontage of
the property in order to prohibit vehicular access, except at approved
ingress and egress points. All plant material shall be of such a size
and height so that visibility for traffic entering or leaving the
site is not obstructed.
(5)
All trees which are required to be planted by
the regulations of this section shall be a minimum of two inches in
diameter at a point one foot above the ground at the time of planting
measured along the trunk of the planted tree. All trees shall be planted
in accordance with accepted conservation practices.
(6)
Any existing trees proposed to be preserved
shall count towards the number of trees required to be planted by
this section, provided they are not located in a required buffer yard
and are a minimum of two inches in diameter at a point one foot above
the ground.
J.
Landscaping plan requirements. Where buffer yards
and landscaping of open areas is required by this chapter, a landscaping
plan, with detailed drawings, shall be submitted with an application
for approval of a conditional use, use by special exception or planned
residential development. If the proposal does not involve a conditional
use, use by special exception or planned residential development,
the landscaping plan shall be submitted with the application for a
building permit. The landscaping plan shall contain the following
information:
(1)
All required buffer yards with proposed plantings
(identifying each proposed tree, bush or shrub) drawn to scale and
identifying the height and width of any proposed mounds,
(2)
All additional landscaping required by Subsection I (identifying each tree, bush, shrub, the use of sod or seeding, etc.) drawn to scale.
(4)
Any existing trees or vegetation which are to
be preserved, accurately identifying their relative location.
K.
Posting of bond for landscaping. A maintenance bond
in the form of cash, certified check or letter of credit shall be
posted with the Township in the amount of 15% of the total cost of
landscaping shown on the approved landscaping plan for a period of
two years from the date of issuance of a certificate of occupancy.
The maintenance bond shall guarantee replacement of the required landscaping
materials during the term of the bond.
L.
Continuing responsibility for maintenance. After the
expiration of the required maintenance bond, it shall be the responsibility
of the landowner to assure the continued growth of all required landscaping
and/or to replace the same in the event of frost, vandalism, disease
or other reasons for the discontinued growth of the required trees,
shrubs and bushes. This responsibility shall continue for a period
of 10 years from the date of issuance of the certificate of occupancy
or until abandonment of the use or transfer of ownership, whichever
occurs first.
The following regulations shall apply in all
zoning districts. An application for approval of a land development
plan shall contain adequate information regarding natural and finished
slopes on the site to show compliance with these regulations. Any
portion of any lot which has a natural or finished slope of 25% or
more shall be considered a steep slope and shall be subject to these
regulations.
A.
Preservation of slopes in excess of 40%: Grading or
construction shall not be permitted on slopes in excess of 40%. Applications
for development of properties which contain slopes in excess of 40%
shall be accompanied by a certification from a registered civil engineer
that slopes in excess of 40% shall not be disturbed.
B.
Grading of slopes greater than 25%.
(2)
The application for a grading permit for slopes
which are in excess of 25% shall be accompanied by a geotechnical
report and a certification by a registered professional soils engineer
regarding the feasibility of the proposed grading, the stability of
the finished slopes, measures to mitigate landslides, soil erosion,
sedimentation and stormwater management and potential impacts on adjacent
properties. The consultant selected to prepare the geotechnical report
shall have credentials acceptable to the Township and the cost of
preparation of the report shall be borne by the applicant.
C.
Geologic hazards. Where evidence exists on sites which
have steep slopes regulated by this section of undermining, strip
mining, landslide-prone soils or other geologic hazards on the site,
a geologic report by a qualified registered professional soils engineer
regarding soils and subsurface conditions and the probable measures
needed to be considered in the design of the development, site grading,
location of structures and design of foundations, if any, shall be
submitted with the application.
D.
Construction on slopes: Natural slopes or finished
slopes after grading that are less than 25% may be utilized for construction
of any authorized use in the zoning district in which they are located.
Natural slopes or finished slopes after grading which are in excess
of 25%, shall not be used for the construction of any principal or
accessory building in any zoning district.
E.
Exclusion of steep slopes from minimum lot area. The
total area of any lot which has natural slopes or finished slopes
in excess of 25% shall be excluded from the calculation of the minimum
lot area and maximum lot coverage required in the zoning district
in which the property is located.
In addition to the yard requirements specified
in each zoning district, the following yard requirements shall apply
in all zoning districts to the applicable circumstances described
below:
A.
Corner lots. Corner lots shall provide front yards
on each street frontage. The remaining two yards shall constitute
side yards.
C.
Accessory structures: In all zoning districts the
following regulations shall apply to accessory structures.
(1)
Private swimming pools accessory to a dwelling:
(a)
Swimming pools shall not be permitted in the
front yard. Swimming pools shall comply with the required side yard
in the zoning district and shall be subject to the rear yard requirements
for accessory structures.
(b)
All swimming pools and the equipment necessary
for maintaining the pool shall be completely enclosed by a fence which
is at least four feet in height and which has a self-latching gate.
The dwelling may constitute a part of the required enclosure.
(c)
An above-ground swimming pool, the top of which is at least four feet above the adjacent ground level on the entire perimeter and which has removable or retractable steps, shall not be required to be fenced, provided the steps are removed or retracted when the pool is not in use. All other above-ground swimming pools shall be fenced in accordance with the requirements of this Subsection C(1)(b).
(2)
Private tennis courts accessory to a dwelling.
Tennis courts accessory to a dwelling shall be located only in a rear
yard and shall be no closer to the side or rear property line than
20 feet. If lighting is proposed, the lighting shall be shielded so
that it shall not reflect on any adjoining property. All tennis courts
shall be enclosed by a fence which is a minimum of 10 feet in height
and a maximum of 12 feet in height and which shall contain openings
equal to 50% or more of the surface area of the fence.
(3)
Swimming pools and tennis courts accessory to
a golf course, country club, municipal or nonmunicipal recreation
facility.
[Amended 12-20-2023 by Ord. No. 138]
(a)
Swimming pools and tennis courts accessory to
a golf course, country club, or municipal or nonmunicipal recreation
facility shall comply with the yard requirements for a principal use.
(b)
All swimming pools and the equipment necessary
for maintaining the pool shall be completely enclosed by a fence or
wall which is at least six feet in height and which has a self latching
gate. All tennis courts shall be enclosed by a fence which is a minimum
height of 10 feet and a maximum height of 12 feet and which shall
contain openings equal to 50% or more of the surface area of the fence.
(c)
Separate dressing rooms and toilet and shower
facilities shall be provided for men and women.
(d)
If proposed for use after dusk, the swimming
pool or tennis court shall be lighted with a minimum intensity of
one foot-candle on the surface of the pool or tennis court, if proposed
for use after dusk. The lighting shall not produce glare on adjacent
streets or properties.
(4)
Fences, walls and landscaped areas. All walls,
fences and landscaped areas shall be located so as not to obstruct
pedestrian access, visibility for traffic on adjacent streets or traffic
entering or leaving the property or adjacent properties.
(5)
Structures accessory to industrial uses. In
the I-1, Light Industrial District, no accessory structure to an industrial
or warehousing use shall be permitted in a front yard. Accessory structures
shall be permitted in a side or rear yard, provided that they shall
be located at least 20 feet from the side or rear lot line.
(6)
Canopies and similar structures. Canopies and
similar permanent freestanding roofed structures without walls shall
be permitted to cover outdoor seasonal display and sales areas or
fuel dispensing areas accessory to authorized uses in the C-2 General
Commercial and I-1 Light Industrial Districts, provided that:
(a)
Such structure shall not be attached to the
principal building;
(b)
Such structure shall be located at least 10
feet from any property line or street right-of-way;
(c)
Such structure shall not be enclosed; and
(d)
Such structure shall be removed immediately,
once the principal use or the use of the accessory structure is discontinued.
(7)
All other accessory structures. All other accessory
structures shall not be permitted in the required front yard or required
side yards and shall be located at least 25 feet from the rear lot
line. All other accessory structures shall be located at least 10
feet from any principal building, except that a detached garage may
be connected to the principal building by contiguous walls, breezeways
or similar connections.
D.
Flag lots.
[Added 7-29-2015 by Ord.
No. 128]
(1)
Flag lots, as defined herein, may be permitted within Rural
Residential (AG-A), Agricultural (AG-B), Residential Agricultural
(R-AG), Low-Intensity Residential (R-1), and Moderate-Intensity Residential
(R-2), subject to the conditions specified by this chapter. In all
cases, the applicant must demonstrate that the following site conditions
exist and requirements are fulfilled:
(a)
No more than two flag lots shall be permitted as a result of
the overall subdivision and no more than two (2) flag lots can be
located adjacent to each other.
(b)
A flag lot design shall only be permitted if the Township Supervisors
determine that the proposed design is in the best interest of the
community, considering health, safety and/or general welfare issues.
(c)
The tract of land represents the total contiguous land area
owned by the applicant.
(d)
The tract of land cannot be properly subdivided due to the presence
of certain physical or environmental development constraints associated
with the site.
(e)
The configuration of the proposed lots will not limit the potential
for development on adjacent tracts of land in the future.
(f)
Single-family detached dwellings are the only type of dwelling
unit which can be located on a flag lot.
(g)
The proposed flag lot shall be designed to comply with the provisions
specified in the Middlesex Township Zoning Ordinance.
(h)
No part of the flag stem or access strip shall be included in
determining the required area of the flag lot. No building or structure
shall be permitted in any portion of the flag stem or access strip.
The front building setback line of the required front line shall be
measured only from the interior front line and not from the street
line or right-of-way line. A flag stem or access strip providing access
to a flag lot may not exceed 500 feet in length as measured from the
street right-of-way to the interior lot line.
(i)
The building setback line for the flag lot shall meet the minimum
required setback dimensions for the zoning district in which the flag
lot is located. The setback lines shall be established at the flag
portion of the lot. The front yard depth or building setback shall
be measured from the access strip or stem (extended through the lot)
and from the rear property line of any adjacent property. All other
setback requirements shall comply with the rear yard setback provisions.
(j)
The driveway serving only one flag lot shall be at least 10
feet in width.
(k)
Where permitted, a common driveway serving two flag lots shall
comply with the following design requirements:
[1]
Each lot shall have a minimum of a fifty (50') foot access strip
or greater.
[2]
The common driveway shall be at least 16 feet in width, which
shall be equally divided along the lot line separating the flag lots.
Where the common driveway divides to serve the individual flag lots,
the width of the driveway may be reduced to 10 feet.
[3]
An ownership and maintenance agreement shall be prepared and
recorded as a condition of municipal approval for the subdivision
plan. The agreement shall be referenced on the proposed deeds for
each residential lot. The contents of the ownership and maintenance
agreement shall be subject to the approval of the Township Supervisors.
(l)
No more than two access strips serving such lots may be located
adjacent to each other, and any additional access strip to another
such lot shall be separated by a full lot width, as required by the
zoning district in which the land is located.
(m)
All other pertinent design standards and specifications for
driveways shall be applied to the design of a driveway serving a flag
lot or common driveway serving flag lots, as determined appropriate
by the Township Supervisors.
(n)
Unless the site conditions change as a result of improved roads
and/or the reestablishment of lot frontages, flag lots may not be
further subdivided or developed for any other purpose.
The following shall be permitted to project
into any required yard in any zoning district as follows:
A.
Typical architectural features, including, but not
limited to, bay windows, window sills, cornices and eaves, shall be
permitted to project into required yards no more than 18 inches.
B.
Decks and porches which are not enclosed and which
do not have habitable areas underneath them shall be permitted to
project into required front and side yards no more than five (5) feet
and into the required rear yard no more than 15 feet.
[Amended 12-20-2023 by Ord. No. 138]
C.
Steps, open fire escapes and balconies shall be permitted
to project into required yards no more than 36 inches.
The height limitations of this chapter shall
not apply to the following structures: spires, chimneys, elevator
bulk heads and other mechanical equipment which is part of the principal
structure, conveyors, flagpoles, silos, standpipes, elevated water
tanks, derricks, public utility structures, and other structures not
intended for human habitation. Any such structure which is freestanding
shall not be subject to the height limitations of the zoning district.
Any such structure which is attached to a building shall be permitted
to exceed the height limitations of the zoning district by no more
than 15 feet.
Agricultural uses shall comply with the following
requirements:
A.
Animal holding areas for poultry or swine, feed lots,
runs, pens, and similar intensively used facilities for animal raising
and care, excluding pasture and grazing areas, shall not be located
within 300 feet of an adjoining property line.
B.
Greenhouses and tree nurseries shall provide a building on the site for the conduct of the business. The parking required by § 175-156B for greenhouses and tree nurseries shall be provided on the site.
C.
Roadside stands for sale of agricultural products
shall be permitted, provided all of the following requirements are
met:
(1)
Roadside stands shall be located at least 35
feet back from the nearest edge of any paved surface of a public street;
(2)
All products sold shall be grown or produced
on the premises where they are sold;
(3)
The roadside stand shall be located so that
traffic can circulate into and out of the property without creating
a hazard and without the need for vehicles to back onto the public
street.
(4)
Parking spaces shall be provided off the public
street right-of-way.
(5)
If a seasonal roadside stand is utilized for
the sale of farm products, the seasonal roadside stand shall not be
installed prior to May 1 of each year, and the stand shall be removed
upon completion of the growing season of the products offered for
sale, but in no case shall removal occur later than November 1 of
each year.
(6)
One temporary nonilluminated sign shall be permitted
to announce the sale of farm products, provided the surface area of
the sign shall not exceed 12 square feet and the sign shall be located
on the farm property and shall not be located in any public street
right-of-way.
[Amended 7-29-2015 by Ord. No. 128]
In the AG-A, AG-B, and R-AG Districts, a private
stable or hobby farm for personal use and enjoyment shall be permitted
on a tract of land which does not meet the acreage requirements for
a farm, as defined by this chapter, provided all of the following
requirements are met:
A.
A tract of at least five acres, but less than 20 acres,
may be used for a private stable. A tract of at least 10 acres, but
less than 20 acres, may be used for a hobby farm.
B.
Hobby farms may include any of the activities encompassed by agriculture, as defined by this chapter. The hobby farm shall be restricted to personal use and enjoyment, and any sale of animals or produce shall not constitute the principal economic activity of the residents of the hobby farm. Roadside stands authorized by § 175-145C of this chapter shall not be permitted on hobby farms; however, a temporary sign which shall not exceed six square feet in surface area may be erected on the property at least 10 feet from any street right-of-way or property line to advertise the availability of agricultural products raised on the hobby farm.
C.
The number of animals maintained on a hobby farm,
if any, shall be reasonably related to the size of the property, the
area available for grazing and the capacity of the land to sustain
the animals without creating a nuisance.
D.
On a tract utilized for a private stable, one horse
or pony shall be permitted on the first three acres of land. One additional
horse or pony shall be permitted for each additional acre over three
acres, but less than 20 acres. Foals which are less than six months
old shall not be counted in the maximum number of horses or ponies
permitted per acre. Foals which are six months or older shall be counted
in the maximum number of horses or ponies permitted per acre.
E.
A private stable shall be for the personal use and
enjoyment of the owner and shall not involve rental, boarding or any
other profit-making activity.
F.
No stables or other buildings in which animals are
kept or manure is stored shall be located within 75 feet of any property
line or within 100 feet of any occupied dwelling, other than the owner's
dwelling.
G.
No grazing of any animals shall be permitted closer
than 100 feet from any occupied dwelling, excluding the stable or
hobby farm owner's dwelling.
H.
A stable or hobby farm owner shall not permit litter
and droppings from the horses or other animals to collect so as to
result in the presence of fly larvae or objectionable odors.
I.
The area of the property used for grazing shall be
adequately fenced to properly enclose the animals and to protect adjacent
properties.
Temporary dwellings or construction trailers
or sheds shall be permitted in any zoning district subject to the
following conditions:
A.
Temporary dwellings or construction trailers or sheds
shall be permitted only during the period that the construction work
is in progress. Special permission from the Board of Supervisors for
the temporary structure shall be obtained prior to the commencement
of construction and may be renewed only at the discretion of the Board
of Supervisors.
B.
Temporary dwellings or construction trailers or sheds
shall be located on the lot on which the construction is progressing
and shall not be located within 25 feet of any property line adjoining
residential use.
C.
Temporary construction trailers or sheds shall be
used only as temporary field offices and for storage of incidental
equipment and supplies and shall not be used for any dwelling use
whatsoever.
D.
No combustible materials shall be stored in temporary
construction trailers or sheds.
E.
Temporary dwellings for use by a landowner during
construction of a new dwelling or for use by security personnel may
be approved by the Board of Supervisors under the following conditions:
(1)
The temporary dwelling shall not be the permanent
residence of the security personnel.
(2)
The temporary dwelling shall be located at least
25 feet from any property line.
(3)
In the AG-A, AG-B, R-AG, and R-1 Districts,
the temporary dwelling shall be used only during the period that construction
is underway. Any long-term use of a dwelling for security purposes
shall meet all requirements of the zoning district for a permanent
single-family dwelling.
[Amended 7-29-2015 by Ord. No. 128]
(4)
In the C-1, C-2 and I-1 Districts, use of a
temporary dwelling by security personnel may be continued after a
certificate of occupancy is issued for the completed construction,
provided that all area and bulk regulations of the zoning district
applicable to a principal structure are met for the temporary dwelling.
Occupancy of a basement or foundation structure
prior to the completion of the total structure shall not be permitted.
This regulation shall not be construed to prohibit earth-sheltered
dwellings.
A.
Except for nurseries, garden supply, building supply
and similar businesses which require outside storage of materials,
storage and display of materials outside a completely enclosed structure
shall not be permitted. In the case of nurseries, garden supply, building
supply and similar businesses, outside display and storage areas shall
be completely enclosed by a security fence and shall be screened by
an opaque fence or hedge which is at least six feet in height.
B.
In the I-1 District, any material or equipment stored
outside an enclosed building shall be incidental to the principal
use of the lot and shall be stored to the rear of the building or
an alternative location which screens the storage area from public
view from the street.
C.
If existing buildings do not screen the storage area
from public view from the street, the area shall be screened by a
hedge or opaque fence at least six feet in height.
D.
All organic rubbish and discarded materials shall
be contained in tight, vermin-proof containers which shall be screened
from public view by an opaque fence or hedge which is at least six
feet in height.
A.
Access to all commercial and industrial uses shall
be designed to minimize the number of points of access to arterial
and collector streets. Any site which contains two or more buildings
shall be designed to encourage the use of common driveways to control
access to arterial and collector streets.
B.
All properties in the C-2 Highway Commercial District,
shall have no more than two points of access for every 400 feet of
frontage on an arterial or collector street. Access points shall be
not more than 40 feet in width nor less than 25 feet in width with
a radius of at least 10 feet provided at the point of intersection
of the public street pavement and the access drive or as may be required
by the Pennsylvania Department of Transportation (Penn DOT) along
highways under its jurisdiction.
C.
Ingress, egress and internal traffic circulation on
the site shall be designed to minimize congestion, to ensure safety
and to provide adequate accessibility to all buildings for fire-fighting
equipment and emergency vehicles.
The development of land in all zoning districts
shall be subject to the following controls governing grading and drainage.
A.
Grading. Grading shall be permitted in all zoning
districts where construction has been approved by the Zoning Officer
and a building permit has been obtained, subject to the following
controls.
(1)
No grading shall occur within five feet of any
property line or street right-of-way line.
(2)
Excavation of earth materials during grading
shall result in a finished grade not in excess of one foot vertical
rise to each 1 1/2 feet horizontal run, provided no fill material
is placed over undisturbed soil in the cut area except for topsoil.
(3)
Placing of earth fill upon previously undisturbed
soil shall result in a finished grade not in excess of one foot vertical
rise to every two feet of horizontal run.
(4)
Fill slopes shall be keyed in to undisturbed
earth with topsoil and humus removed and shall be well-compacted in
layers not to exceed eight inches in thickness.
(5)
The toe of a slope shall either be graded to
a natural existing drainageway or to a stormwater drainage system
or shall be provided with a stormwater pipe draining to such a system.
(6)
Where a slope continues upward beyond the limits
of grading, the top of the graded area shall be protected from accumulation
of stormwater by a sloped bench and/or a collection pipe sloped to
a drainage system or existing drainageways.
(7)
Slope areas shall be planted with erosion-resisting
materials approved by the Township Engineer.
(8)
An erosion and sedimentation control plan shall
be prepared for the site in accordance with the standards and requirements
of the U.S. Soil Conservation Service. The plan shall be approved
by the Butler County Conservation District and the approved plan shall
be submitted for review and approval by the Township Supervisors.
B.
Drainage. The following requirements shall be met
in all zoning districts:
(1)
Stormwater shall not be permitted to collect
upon any property nor to flow from one property to another without
benefit of an easement for such purpose, nor shall stormwater be permitted
to flow over any public street.
(2)
A stormwater management plan shall be prepared
to address the method of controlling and managing stormwater on any
site proposed for development which will increase the impervious cover
by more than 5,000 square feet of surface area.
(3)
In designing the stormwater drainage system,
the flow accumulating from a continuous three-inch per hour rainfall
shall be considered the maximum condition.
(4)
The design of storm water management system
and the methodology and calculations on which the design is based
shall be subject to approval by the Township Engineer.
(5)
Where storm water management facilities are
required, the Zoning Officer shall not issue a permit unless and until
the Township Engineer has approved the proposed system and all necessary
easements have been provided or acquired.
A.
When a mobile home is intended to be used as a permanent
single-family dwelling or as a commercial structure, the mobile home
shall be supported on a continuous concrete block or a reinforced
concrete foundation extending at least three feet below finished grade.
Such foundations lowest course shall be reinforced concrete integral
around its perimeter with adequate bearing to avoid settlement.
B.
Mobile homes shall be securely fastened to their foundations
so that they cannot be overturned by a steady horizontal wind load
of at least 80 miles per hour.
C.
The mobile home shall be connected to all available
utilities. Mobile homes which are intended to be used as permanent
single-family dwellings or commercial structures shall bear a seal
guaranteeing compliance with the National Mobile Home Construction
and Safety Standards Act.
D.
Additions to mobile homes, such as concrete patios
and porches, shall be permitted, provided they are permanently attached
to the mobile home and properly supported by adequate foundations
and footers.
No-impact home based businesses are permitted
by right in all residential zoning districts as long as the business
or commercial activity satisfies the following requirements, except
that such permission shall not supersede any deed, restriction, covenant
or agreement restricting the use of the land, nor any master deed,
bylaw or other document applicable to a common interest ownership
community:
A.
The business activity shall be compatible with the
residential use of the property and surrounding residential uses.
B.
The business shall employ no employees other than
family members residing in the dwelling.
C.
There shall be no display or sale of retail goods
and no stockpiling or inventory of a substantial nature.
D.
There shall be no outside appearance of a business
use, including but not limited to, parking, signs or lights, except
that the name of the business may be indicated on the residence mailbox,
as long as the mailbox sign does not exceed one square foot in area.
E.
The business activity may not use any equipment or
process which creates noise, vibration, glare, fumes, odors or electrical
or electronic interference, including interference with radio or television
reception, which is detectable in a neighborhood.
F.
The business activity may not generate any solid wastes
or sewage discharge in volume or type which is not normally associated
with residential use in the neighborhood.
G.
The business activity shall be conducted only within
the dwelling and may not occupy more than 25% of the habitable floor
area.
H.
The business may not involve any illegal activity.
[Amended 3-20-2019 by Ord. No. 133]
A.
Purpose. In accordance with the Township Comprehensive
Plan objectives, the Township seeks to establish a general network
for the safe and efficient movement of pedestrians. Where feasible,
the primary segments of this system shall be integrated into the design
of the Township's arterial streets. For all development along arterial
streets, a developer shall consider and incorporate into all development
proposals related to this network.
B.
Unless otherwise specified by the Township, PennDOT
or other designating authority, the general locations and minimum
dimensions of the primary segments within this said network shall
be established in accordance with the following:
C.
Unless otherwise defined by the Township, sidewalks along arterial roads shall begin a minimum of eight feet from the edge of the right-of-way measuring toward the building setback line located within the required Greenway. (See § 175-155, Greenways.) A landscaped planting strip shall be maintained in the area between the edges of the right-of-way and said sidewalk.
Within the Town Center (TC) and Regional Commerce
District (C-3) and General Commerce District (C-2), greenways shall
be provided for along arterial streets so that:
A.
A landscaped strip of no less than 20 feet shall be provided along Route 8. Said strip shall be provided along the entire frontage of the parcel, except for entranceways for vehicles. The strip may be comprised of existing and/or new plantings of approved species of trees having a minimum caliper of 2.5 inches not more than 35 feet apart. Understory deciduous shrubs, flowering understory trees, native (or naturalized), perennials, groundcover and seasonal plantings shall be incorporated into the greenway planting. Groundcover shall not exceed 60% of the greenway area on a lot. Any sidewalk planned in accordance with the provisions of § 175-154 may count toward the total required dimension of the landscape strip.
B.
No structure shall be located closer than 10 feet
to the edge of the defined greenway. This dimension may be measured
from the minimum twenty-foot greenway dimension line toward the building
setback line.
[Added 3-28-2012 by Ord. No. 123]
Landscape business subject to:
A.
The landscape business shall be operated on a parcel, which subdivided
parcel shall not be less than one and one-half (1.5) acres in size.
[Amended 9-21-2022 by Ord. No. 137]
B.
The owner and operator of the landscape business shall reside on
a residentially zoned parcel located adjacent to the parcel on which
the landscape business is located.
C.
All products and services offered for sale by the landscape business
must be delivered to customers off site; no products may be provided
to customers on site; however, products may be stored on the premises
for delivery to customers off the premises.
D.
The landscape business must be located not more than 750 feet from
an arterial street.
E.
The landscape business shall not significantly intensify vehicular
or pedestrian traffic which is normal for the residences in the neighborhood.
F.
Objectionable noise, vibration, smoke, dust, odors, heat or glare
shall not be produced by the landscape business.
G.
Any landscape business shall cease operations between dusk and dawn,
prevailing time.
H.
Adequate paved access and maneuvering facilities for loading and
unloading trucks shall be provided, and dirt, debris or excess materials
shall not be deposited on any public or private right-of-way.
I.
Buffer Yard D, as defined in § 175-140A, shall be required in the following circumstance: Where any residential structure is located on an adjoining property within 100 feet of the landscape business structure. The required buffer yard shall not be required if the residents of a structure within 100 feet of the landscape business structure own the business.
J.
A landscape business shall be limited to 10 employees, including
the owner.
[Added 8-13-2014 by Ord.
No. 127[1]]
A.
A company, entity or person desiring to engage in oil and gas well
site development shall obtain a zoning certificate from the Township.
B.
Application requirements. The application must include the following
information:
(1)
A written narrative, signed and dated by the applicant, describing
the proposed use and outlining an approximate time line for the proposed
development.
(2)
Written authorization from the property owner(s) who has legal
or equitable title in and to the surface of the proposed development.
A copy of the oil and gas, mineral or other subsurface lease agreement
or similar document vesting legal or equitable title to the surface
will constitute written authorization.
(3)
The name and address of each property owner for each property
within 1,000 feet of the proposed well, and well as all abutting property
owners.
(4)
A copy of the applicant's erosion and sediment control plan
(ESCGP-2) and post-construction stormwater management plan prepared
by a licensed professional (e.g., engineer, surveyor, geologist or
landscape architect) who is registered in Pennsylvania. Said professional
should have attended training provided by Pennsylvania Department
of Environmental Protection, Office of Oil and Gas Management, on
erosion and sediment control and post-construction stormwater management
for oil and gas activities.
(5)
A road access plan showing both temporary and permanent access
routes and identifying all ingress and egress points.
(6)
If any weight-restricted Township roads will be used by the
applicant for any oil and gas development or operations, the applicant
shall comply with any applicable Township ordinances, PennDOT regulations,
and Township road bonding requirements and provide proof of bonding
of said roads and enter into a road maintenance agreement with the
Township. In lieu of road bonding, the Township and the applicant
may mutually agree to other terms to provide for restoration of the
affected road(s).
(7)
A copy of highway occupancy permits and other permits already
obtained at the time of the application submission. If no such permit
has been obtained, the applicant shall provide a copy of its application
for the HOP and with an approved permit when obtained. A driveway
permit shall be required if the entrance to the site is on a Township
road.
(8)
A copy of the applicant's preparedness, prevention and contingency
plan.
(9)
The name of an individual or individuals and their emergency
contact information for the Township or residents to report emergencies
24 hours a day, each day of the week.
(10)
Fee reimbursement. The applicant agrees to reimburse the Township
for all fees permitted under Section 617.3(e) of the Pennsylvania
Municipalities Planning Code, 53 P.S. § 10617.3(e).
C.
Minimum lot requirement. Oil and gas well site development shall
only be permitted to be located on property that is a minimum of ten
(10) acres or larger. Multiple properties may be combined to meet
the ten (10) acre minimum.
D.
State and federal compliance. The applicant shall comply with all
applicable state and federal regulations and shall show evidence of
obtaining the required state and/or federal permits, including proof
of insurability, before initiating any work and maintaining the required
permits throughout the duration of all operations. The applicant shall
notify the Township immediately of any suspension or revocation of
the required state and/or federal permits. Upon notification of said
suspension or revocation, the Township-issued permits will hereby
be deemed suspended or revoked until state and/or federal compliance
is reached.
E.
Access roads. Access to any well site shall be arranged to minimize
danger to traffic and nuisance to surrounding properties and to maintain
the integrity of Township roads. The following shall apply:
(1)
The access road to the well site, beginning with its intersection
with a Township road, shall be paved for the first 50 feet and shall
be improved with gravel or limestone for the remaining length in a
manner that would reasonably minimize water, sediment or debris carried
onto any public road. This shall be in place prior to the commencement
of drilling operations.
(2)
All roads and accessways shall be constructed and maintained
to prevent dust and mud from the surrounding area. A method of dust
abatement shall be utilized during dry weather, and under no circumstances
shall brine water, sulfur water or water in mixture with any type
of hydrocarbon be used for dust abatement.
F.
Traffic. The applicant shall take necessary precautions to ensure
the safety of persons in areas established for road crossing and/or
adjacent to roadways (for example, persons waiting for public or school
transportation). Where necessary and permitted, during periods of
anticipated heavy or frequent truck traffic associated with development,
the applicant will provide flag persons or other alternative and approved
safety mechanisms to ensure the safety of children at or near schools
or school bus stops and include adequate signs and/or warning measures
for truck traffic and vehicular traffic. The applicant will coordinate
its efforts with affected school districts so as to minimize heavy
truck traffic during the hours school buses are picking up or dropping
off children and provide documentation of the cooperation.
G.
Site orientation. Before drilling, first responders shall have on-site
orientation and be provided with adequate awareness information. Upon
request from the Township, the applicant will, prior to drilling of
an oil or gas well, make available, at its sole cost and expense,
an appropriate site orientation for first responders. Such site orientation
shall be made available at least annually during the period when the
applicant anticipates drilling activities in the Township.
H.
Noise standards. For oil and gas well site development, noise levels
shall be equal to or less than 60 dBa at the property line dividing
the site developed and all adjoining properties. In the event that
an applicant is unable to meet the aforementioned requirements, the
applicant may either:
(1)
Utilize appropriate noise mitigation measures that may include
sound barriers or such technology or devices that will allow the applicant
to meet said noise requirements; or
(2)
Obtain a release waiver of said noise requirements from the
owners/renters of those properties which would be affected by noise
conditions in excess of that allowed.
I.
Lights. No applicant shall permit any lights located on any operation
site to be directed in such a manner so that they shine directly on
public road, protected use, adjacent property or property in the general
vicinity of the operation site. To the extent practicable, and taking
into account safety considerations, site lighting shall be directed
downward and internally so as to avoid glare on public roads, protected
uses, and adjacent dwellings and buildings. Exterior lights shall
be turned off except when personnel are working on site or motion
sensors are activated.
J.
Water storage. Temporary water storage tanks or impoundments are
permitted on the same lot, provided the applicant shall adhere to
the following:
(1)
Impoundment must be 200 feet from property lines;
(2)
A copy of the Pennsylvania Department of Environmental Protection
permit(s), if applicable, must be provided at the time of application
or when available;
(3)
Chain-link fencing must be installed around any impoundment
and shall be at least six (6) feet in height; and
(4)
The impoundment must be reclaimed in accordance with Department
of Environmental Protection's rules and regulations after all of the
proposed wells have been completed, or after each well is completed
in the event that no additional wells are to be drilled within three
(3) months.
K.
Operating times. All site preparation and pre-production activities
on the site, as well as access road maintenance, site reclamation
activity and other ongoing ancillary activities, shall be permitted
only on Mondays through Saturdays (with the exception of federal and/or
state holidays) between the hours of 7:00 a.m. and 5:00 p.m., prevailing
time, or as otherwise authorized by the Board of Supervisors. The
active drilling and completions phases are exempt from the limitations
of this subsection.
L.
Signage; site identification. All signage must comply with the Pennsylvania
Department of Environmental Protection's unconventional well 911 emergency
response information regulations, 35 Pa.C.S.A. § 7321(a)(4)
and 25 Pa. Code § 78.55(e), as may be amended.
M.
Regulations set forth in this section supersede the regulations set forth in § 175-139 of the Township Code.
N.
If there are unique characteristics of a proposed site, the Township's
Zoning Officer (if a permitted use) and/or the Board of Supervisors
(if a conditional use) may impose or request additional requirements
from an applicant.
[1]
Editor's Note: Section 13 of this ordinance provided in part:
"This Ordinance is to be interpreted so that it meets all federal
and state constitutional and statutory requirements. This Ordinance
is to be interpreted and applied to impose zoning regulations identifying
where gas and oil well and other related uses are permitted in the
Township and not to regulate technical aspects of such operations,
including technical aspects of oil and gas well functioning and matters
ancillary thereto governed by Act 13 of 2012 or other laws of the
Commonwealth, any regulations adopted pursuant thereto, and any applicable
federal laws and/or regulations."
[Added 8-13-2014 by Ord.
No. 127[1]]
A.
Natural gas compressor stations or natural gas processing plants
shall meet the location restrictions established by the commonwealth
and its regulatory agencies and found in those environmental acts.
B.
No natural gas compressor Station or natural gas processing plant
shall be located closer than 1,000 feet from any dwelling, occupied
structure, library, school, place of worship or recreational use areas
on adjoining properties unless a written waiver is submitted by the
owner of such structures or properties.
C.
A natural gas compressor station or natural gas processing plant
shall only be permitted to be located on property that is a minimum
of ten (10) acres or larger. Multiple properties may be combined to
meet the ten (10) acre minimum.
D.
The applicant shall comply with all applicable state and federal
regulations and shall show evidence of obtaining the required state
and/or federal permits, including proof of insurability, before initiating
any work and maintaining the required permits throughout the duration
of all operations. The applicant shall notify the Township immediately
of any suspension or revocation of the required state and/or federal
permits. Upon notification of said suspension or revocation, the Township-issued
permits will hereby be deemed suspended or revoked until state and/or
federal compliance is reached.
E.
A copy of the applicant's erosion and sediment control plan (ESCGP-2)
and post-construction stormwater management plan prepared by a licensed
professional (e.g., engineer, surveyor, geologist or landscape architect)
who is registered in Pennsylvania. Said professional should have attended
training provided by Pennsylvania Department of Environmental Protection,
Office of Oil and Gas Management, on erosion and sediment control
and post-construction stormwater management for oil and gas activities.
F.
First responders shall have on-site orientation and be provided with
adequate awareness information. Upon request from the Township, the
applicant will, prior to operations, make available at its sole cost
and expense an appropriate site orientation for first responders.
Such site orientation shall be made available at least annually during
the period when the applicant anticipates operations in the Township.
G.
Noise standards. For natural gas compressor stations and natural
gas processing plants, levels shall be equal to or less than 60 dBa
at the property line dividing the site developed and all adjoining
properties. In the event that an applicant is unable to meet the aforementioned
requirements, the applicant may either:
(1)
Utilize appropriate noise mitigation measures that may include
sound barriers or such technology or devices that will allow the applicant
to meet said noise requirements; or
(2)
Obtain a release waiver of said noise requirements from the
owners/renters of those properties who would be affected by noise
conditions in excess of that allowed.
H.
The applicant shall take the necessary safeguards to ensure that
the paved Township roads utilized shall remain free of dirt, mud,
and debris resulting from development activities and/or shall ensure
such roads are promptly swept or cleaned if dirt, mud and debris occur.
I.
The applicant shall take necessary precautions to ensure the safety
of persons in areas established for road crossing and/or adjacent
to roadways (for example, persons waiting for public or school transportation).
Where necessary and permitted, during periods of anticipated heavy
or frequent truck traffic associated with development, the applicant
will provide flag persons or other alternative and approved safety
mechanisms to ensure the safety of children at or near schools or
school bus stops and include adequate signs and/or warning measures
for truck traffic and vehicular traffic. The applicant will coordinate
its efforts with school districts so as to minimize heavy truck traffic
during the hours school buses are picking up or dropping off children
and provide documentation of the cooperation.
J.
A copy of highway occupancy permits and other permits already obtained
at the time of the application submission. If no such permit has been
obtained, the applicant shall provide a copy of its application for
the HOP and with an approved permit when obtained. A driveway permit
shall be required if the entrance to the site is on a Township road.
K.
The access driveway off the public road to the natural gas compressor
station or natural gas processing plant site shall be gated at the
entrance to prevent illegal access.
L.
Fencing of at least eight (8) feet in height shall be installed around
all natural gas compressor stations and natural gas processing plants.
M.
Site lighting shall be directed downward and inward toward the natural
gas compressor station or natural gas processing plant so as to minimize
glare on public roads and adjacent buildings and properties.
N.
Regulations set forth in this section supersede the regulations set forth in § 175-139 of the Township Code.
O.
If there are unique characteristics of a proposed site, the Township
may impose or request additional requirements from an applicant.
P.
Construction permit. The applicant shall apply for and obtain a Township
construction permit prior to initiating the construction of either
a natural gas compressor station or natural gas processing plant.
[1]
Editor's Note: Section 13 of this ordinance provided in part:
"This Ordinance is to be interpreted so that it meets all federal
and state constitutional and statutory requirements. This Ordinance
is to be interpreted and applied to impose zoning regulations identifying
where gas and oil well and other related uses are permitted in the
Township and not to regulate technical aspects of such operations,
including technical aspects of oil and gas well functioning and matters
ancillary thereto governed by Act 13 of 2012 or other laws of the
Commonwealth, any regulations adopted pursuant thereto, and any applicable
federal laws and/or regulations."
[Added 8-13-2014 by Ord.
No. 127[1]]
Any applicant/operator who violates or permits a violation of
Ordinance No. 127 shall, upon being found liable therefor in a civil
enforcement proceeding commenced by the Township before a Magisterial
District Judge, pay a fine of not more than $600 for each day of violation
plus all court costs, including reasonable attorney's fees incurred
by the Township in the enforcement of Ordinance No. 127. No judgment
shall be imposed until the day of the determination of the violation
by the Magisterial District Judge. If the defendant neither pays nor
timely appeals the judgment, the Township may enforce judgment pursuant
to the applicable Rules of Civil Procedure. Each day a violation exists
shall constitute a separate offense. Further, the appropriate officers
or agents of the Township are hereby authorized to issue cease-and-desist
notices and/or to seek equitable relief, including injunction relief,
to enforce compliance herewith. No bond will be required if injunctive
relief is sought by the Township. A person who violates Ordinance
No. 127 shall also be responsible for the Township's attorney's fees
and court costs associated with enforcement.
[1]
Editor's Note: Section 13 of this ordinance provided in part:
"This Ordinance is to be interpreted so that it meets all federal
and state constitutional and statutory requirements. This Ordinance
is to be interpreted and applied to impose zoning regulations identifying
where gas and oil well and other related uses are permitted in the
Township and not to regulate technical aspects of such operations,
including technical aspects of oil and gas well functioning and matters
ancillary thereto governed by Act 13 of 2012 or other laws of the
Commonwealth, any regulations adopted pursuant thereto, and any applicable
federal laws and/or regulations."
[Added 12-20-2023 by Ord. No. 138]
A.
The owner of the residential solar energy system shall provide written
confirmation that the public utility company has been informed of
the customer's intent to install an interconnected customer-owned
solar generator and approves of such connection. Off-grid systems
shall be exempt from this requirement.
B.
The property owner installing the solar energy system shall notify
the local Fire Department and Township about said installation in
writing and pass any information received from the Fire Department
or Township on to the installer in writing.
C.
The property owner installing the solar energy system shall be in
compliance with the following:
(1)
FAA Regulations.
(a)
Construction of any solar energy facility shall comply with
all applicable rules, laws and regulations of the United States Federal
Aviation Administration. Documentation of compliance shall be provided
to the Township.
(b)
Solar energy systems shall not be artificially lighted, except
to the extent required by the Federal Aviation Administration or other
applicable authority that regulates air safety.
(3)
All electrical components of solar energy systems shall conform
to relevant and applicable local, state and national codes and relevant
and applicable international standards.
(4)
In accordance with the National Electrical Code, solar panels
that are less than eight (8) feet off of the ground shall be fenced
with a barrier that is at least four (4) feet high. This would include
all ground-mounted solar panels. Fencing shall be compliance with
this chapter and any other applicable Township ordinances.
D.
Roof-mounted panels shall be in compliance with all applicable building
standards.
E.
Ground-mounted panels shall:
F.
No solar energy system(s) may exceed in total thirty percent (30%)
of the total site and in no case shall exceed the maximum lot coverage
for the district in which the lot is located.
G.
Solar energy systems shall have a setback from all lot lines of at
least thirty (30) feet, unless the accessory structure setback requirements
in the zoning district in which the facility is constructed are greater
than thirty (30) feet.
[Added 12-20-2023 by Ord. No. 138]
A.
The minimum lot size required is one (1) acre.
B.
The owner of the residential wind energy system shall provide written
confirmation that the public utility company has been informed of
the customer's intent to install an interconnected customer-owned
wind generator and approves of such connection. Off-grid systems shall
be exempt from this requirement.
C.
The property owner installing the wind energy system shall be in
compliance with the following:
(1)
FAA Regulations.
(a)
Construction of any wind energy system shall comply with all
rules, laws, and regulations of the United States Federal Aviation
Administration. Documentation of compliance shall be provided to the
Township.
(b)
Wind energy systems shall not be artificially lighted, except
to the extent required by the Federal Aviation Administration or other
applicable authority that regulates air safety.
(3)
All electrical components of wind energy systems shall conform
to relevant and applicable local, state and national codes and relevant
and applicable international standards.
D.
Noise from any wind energy facility shall not exceed forty-five (45)
decibels (dBa) at the lot line dividing the site developed and all
adjoining properties during operation.
(1)
If a person or persons shall have a complaint about noise level
of a certain large wind energy production facility, the complainant
must provide the Township with dBa test results along with the calibration
certificate of the instrument used to test the dBa levels. A sound
level meter, dosimeter or other similar device may be used for measuring
and reporting acoustic emissions from a solar energy facility.
E.
No more than two (2) wind turbines shall be permitted on any one
(1) lot. Separation of the wind turbines shall be a minimum of 1.1
times the height of the tower or pole.
F.
Ice throw from rotating wind turbine blades must be limited to within
the subject lot.
G.
Wind energy systems shall be set back from all property lines a distance
that is equal to or greater than the length of the system, unless
setback requirements for the district in which the facility is located
are greater than this length.
[Added 12-20-2023 by Ord. No. 138]
A.
The keeping of fowl shall be allowed by right as an accessory use
by zoning permit on lots with principal residential uses in the Rural
Residential (AG-A), Agricultural (AG-B), Suburban Residential (R-1),
Residential (R-2), and Residential Agriculture (R-AG) Districts, subject
to the standards in this section. Fowl on lots with principal agricultural
uses and/or on any existing farms or hobby farms are exempt, regardless
of the zoning district in which they are located.
B.
Any person wishing to engage in this accessory use by permit shall
submit an application for zoning permit to the Zoning Officer for
review and approval, with the fee for same to be established by resolution
of the Board of Supervisors. Approval shall be subject to the following
standards:
(1)
For landfowl:
(a)
Landfowl shall only be kept on properties that are one half
acre (22,000 square feet) or larger.
(b)
On the first 4,000 square feet of any property, up to three
(3) fowl are allowed. An additional fowl is permitted for every additional
2,000 square feet. A maximum number of ten (10) fowl may be kept at
once on a parcel.
(c)
An outside run shall be attached to the coop ten (10) feet from
any lot line, and sufficiently contain the fowl, and any fowl not
contained shall be considered running at large.
(2)
For waterfowl:
(a)
Waterfowl shall only be kept on properties that are one (1)
acre or larger.
(b)
No person shall house more than five (5) fowl on a single residential
parcel.
(c)
Waterfowl shall be kept in the backyard only. All enclosed shelter
with adequate protection from weather and predators is required. The
shelter shall provide at least three (3) square feet per fowl. All
fowl-keeping facilities shall be set back at least 50 feet from lot
lines.
(d)
Any waterfowl not contained on an owner's property shall
be considered running at large.
(3)
Fowl, including the coop, shall be located in a backyard only,
a minimum of ten (10) feet from any lot line, and shall sufficiently
contain the landfowl. Any fowl not contained shall be considered running
at large.
(4)
All feed, water, and other items for keeping fowl shall be secured
to prevent rats, mice, and other vermin from infesting.
(5)
Landfowl feces must be properly collected, stored, and disposed
of in a manner that prevents malodorous smells, nuisances, or other
hazards. (Fowl manure may be composted and added to gardens or yards
if done without creating malodorous smells, nuisances, or other hazards.)
The minimum setback for chicken waste collection and storage shall
be ten (10) feet from the property line.
(6)
No fowl shall be kept in townhouse communities, apartment communities,
or mobile home parks.
[Added 12-20-2023 by Ord. No. 138]
A.
The keeping of bees shall be allowed by right as an accessory use
on lots with principal residential uses in the Rural Residential (AG-A),
Agricultural (AG-B), Suburban Residential (R-1), Residential (R-2),
and Residential Agriculture (R-AG) Districts, subject to the standards
in this section. Beekeeping on lots with principal agricultural uses
and/or on any existing farms or hobby farms is exempt, regardless
of the zoning district in which such farm is located.
(1)
Any person wishing to engage in this accessory use by permit
shall submit an application for zoning permit to the Zoning Officer
for review and approval, with the fee for same to be established by
resolution of the Board of Supervisors. Approval shall be subject
to the following standards. Bees shall only be kept on properties
that are one half acre (22,000 square feet) or larger.
(2)
For 4,000 square feet of any parcel, up to two (2) hives are
allowed; each additional 2,000 square feet of any parcel is permitted
two (2) additional hives. A maximum number of six (6) hives may kept
per property.
(3)
Apiaries shall be maintained in the backyard of the property
and prohibited from being located in the front or side yard of any
property. Any hives shall be set back a minimum of fifteen (15) feet
from any lot line. Beekeeping facilities shall not be within 50 feet
of a swimming pool or permanently kenneled animal.
(4)
No bees shall be kept in townhouse communities, apartment communities,
or mobile home parks.
[Added 12-20-2023 by Ord. No. 138]
A.
General standards for all nontower WCF. The following regulations
shall apply to all nontower WCF:
(1)
Permitted in all zoning districts subject to regulations. Nontower
WCFs are permitted in all zoning districts subject to the restrictions
and conditions prescribed below and subject to the prior written approval
of the Zoning Officer.
(2)
Locations restrictions. Nontower WCFs shall meet the following
location restrictions:
(a)
Prohibited on certain structures. Nontower WCFs shall not be
located on single-family detached residences, single-family attached
residences, two-family residences, or any accessory residential structure.
(b)
Related equipment. Ground-mounted related equipment greater
than three (3) cubic feet shall not be located within 50 feet of a
lot in a residential use or residential zoning district.
(c)
Historic buildings. No nontower WCF may be located on a building
or structure that is listed on either the National or Pennsylvania
Register of Historic Places, or is eligible to be so listed, or is
listed on the official historic structures and/or historic districts
list maintained by the Township or has been designated by the Township
to be of historical significance. The Board of Supervisors may, in
its discretion, waive this prohibition if the applicant can demonstrate
that the proposed location is less visually intrusive than other potential
sites.
(3)
Proof of ownership or agreement. The applicant shall include
a copy of a written agreement for the use of the structure if the
applicant is not the owner the parcel on which the nontower WCF will
be constructed.
(4)
Building permit required. Applicants proposing the modification
of an existing nontower WCF shall obtain a building permit from the
Zoning Officer. In order to be considered for such permit, the applicant
must submit a permit application to the Township Zoning Officer.
(5)
Standard of care. Any nontower WCF shall be designed, constructed,
operated, maintained, repaired, modified, and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including but not limited to the most recent editions of the ANSI
Code, National Electrical Safety Code, and National Electrical Code.
Any WCF shall at all times be kept and maintained in good condition,
order and repair by qualified maintenance and construction personnel,
so that the same shall not endanger the life of any person or any
property in the Township.
(6)
Wind. Any nontower WCF structures shall be designed to withstand
the effects of wind according to the standard designed by the ANSI
as prepared by the engineering departments of the Electronics Industry
Association and Telecommunications Industry Association (ANSI/EIA-222-E
Code, as amended).
(7)
Height. Any nontower WCF shall be designed at the minimum functional
height. All nontower WCF applicants must submit documentation to the
Township justifying the total height of the structure.
(8)
Public safety communications. No nontower WCF shall interfere
with public safety communications or the reception of broadband, television,
radio, or other communication services enjoyed by occupants of nearby
properties.
(9)
Maintenance. The following maintenance requirements shall apply:
(a)
The nontower WCF shall be fully automated and unattended on
a daily basis and shall be visited only for maintenance or emergency
repair.
(b)
Such maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of the Township
residents.
(c)
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
(10)
Radio frequency emissions. No nontower WCF may, by itself or
in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including,
but not limited to, the FCC Office of Engineering Technology Bulletin
65, entitled "Evaluating Compliance with FCC Guidelines for Human
Exposure to Radio Frequency Electromagnetic Fields," as amended.
(11)
Aviation safety. Nontower WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(12)
Timing of approval. Within 30 calendar days of the date that
an application for a nontower WCF is filed with the Township, the
Township shall notify the WCF applicant in writing of any information
that may be required to complete such application. Within 60 calendar
days of receipt of a complete application, the Township shall make
its final decision on whether to approve the application and shall
advise the WCF applicant in writing of such decision. The Township
shall notify the WCF applicant as to completeness of the WCF application
within 30 days of receipt. The timing requirements in this section
shall only apply to proposed facilities that fall under the Pennsylvania
Wireless Broadband Collocation Act.[1]
[1]
Editor's Note: See 53 P.S. § 11702.1 et seq.
(13)
Removal. In the event that use of a nontower WCF is discontinued,
the owner shall provide written notice to the Township of its intent
to discontinue use and the date when the use shall be discontinued.
Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
(a)
All abandoned or unused WCFs and accessory facilities shall
be removed within two (2) months of the cessation of operations at
the site unless a time extension is approved by the Township.
(b)
If the WCF or accessory facility is not removed within two (2)
months of the cessation of operations at a site, or within any longer
period approved by the Township, the WCF and/or associated facilities
and equipment may be removed by the Township and the cost of removal
assessed against the owner of the WCF.
(14)
Insurance. Each person that owns or operates a nontower WCF
shall provide the Township with 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 nontower WCF.
(15)
Permit fees. The Township may assess appropriate and reasonable
permit fees directly related to the Township's actual costs in
reviewing and processing the application for approval of a nontower
WCF.
(16)
Retention of experts. The Township may hire any consultant(s)
and/or expert(s) necessary to assist the Township in reviewing and
evaluating the application for approval of the WCF and, once approved,
in reviewing and evaluating any potential violations of the terms
and conditions of this section. The applicant and/or owner of the
WCF shall reimburse the Township for all costs of the Township's
consultant(s) in providing expert evaluation and consultation in connection
with these activities.
(17)
Indemnification. Each person that owns or operates a nontower
WCF shall, at its sole cost and expense, indemnify, defend, and hold
harmless the Township, its elected and appointed officials, employees
and agents, at all times against any and all claims for personal injury,
including death, and property damage or depreciation of property value
or for violation of property or zoning rights, arising in whole or
in part from, caused by or connected with any act or omission of the
person, its officers, agents, employees or contractors arising out
of, but not limited to, the construction, installation, operation,
maintenance or removal of the nontower WCF and each owner of property
upon which a tower-based WCF is located. Each person that owns or
operates a nontower WCF shall defend any actions or proceedings against
the Township in which it is claimed that personal injury, including
death, or property damage was caused by the construction, installation,
operation, maintenance, or removal of a nontower WCF. The obligation
to indemnify, hold harmless and defend shall include, but not be limited
to, the obligation to pay judgments, injuries, liabilities, damages,
reasonable attorneys' fees, reasonable expert fees, court costs
and all other costs of indemnification.
(18)
Engineer signature. All plans and drawings for all nontower
WCFs shall contain a seal and signature of a professional structural
engineer licensed in the Commonwealth of Pennsylvania.
B.
Specification requirements for nontower WCF outside the ROW. The
following requirements apply to all nontower WCFs outside the public
ROW.
(1)
Development regulations. Nontower WCFs shall be co-located on
existing structures, such as existing buildings or tower-based WCFs,
subject to the following conditions:
(a)
Such WCF does not exceed the maximum height permitted in the
underlying zoning district.
(b)
If the WCF applicant proposes to locate the related equipment
in a separate building, the building shall comply with the minimum
requirements for the applicable zoning district.
(c)
An eight (8) foot high security fence shall surround any separate
communications equipment building. Vehicular access to the communications
equipment building shall not interfere with the parking or vehicular
circulation on the site for the principal use.
(2)
Design regulations.
(a)
Nontower WCFs shall employ stealth technology and be treated
to match the supporting structure in order to minimize aesthetic impact.
The application of the stealth technology chosen by the WCF applicant
shall be subject to the approval of the Board of Supervisors.
(b)
Nontower WCFs, which are mounted to a building or similar structure,
may not exceed a height of ten (10) feet above the roof or parapet.
(c)
The total height of any support structure and mounted WCF shall
not exceed the maximum height permitted in the underlying zoning district.
(d)
All nontower WCF applicants must submit documentation to the
Township justifying the total height of the nontower structure. Such
documentation shall be analyzed in the context of such justification
on an individual basis.
(3)
Antennas, and their respective accompanying support structures,
shall be no greater in diameter than any cross-sectional dimension
than is reasonably necessary for their proper functioning.
(4)
Noncommercial usage exemption. Township citizens utilizing satellite
dishes and antennas for the purpose of maintaining television, phone,
and/or internet connections at their respective residences shall be
exempt from the regulations enumerated in this section.
(5)
Removal, replacement, and modification.
(a)
The removal and replacement of nontower WCFs and/or accessory
equipment for the purpose of upgrading or repairing the WCF is permitted,
so long as such repair or upgrade does not increase the overall size
of the WCF or the number of antennas.
(b)
Any material modification, such as an increase in height or
width, to a WCF shall require a prior amendment to the original permit
or authorization.
(6)
Inspection. The Township reserves the right to inspect any WCF
to ensure compliance with the provisions of this section and any other
provisions found within the Township Code or state or federal law.
The Township and/or its agents shall have the authority to enter the
property upon which a WCF is located at any time, upon reasonable
notice to the operator, to ensure such compliance.
C.
Specific requirements for small WCF in the public ROW. The following
requirements apply to all nontower WCFs within the public ROW.
(1)
Application requirements. An application for a small WCF shall
include the following:
(a)
Construction and engineering drawings.
[1]
A signed agreement from the owner of the pole on
which the small WCF will be placed.
[2]
Documentation showing compliance with all applicable
requirements and design guidelines herein.
[3]
A statement from the applicant indicating that
the following and approval of the small wireless facility is required
by the wireless provider to provide additional capacity or coverage
for wireless service.
[4]
A report from a qualified engineer that shows that
the small WCF will comply with applicable FCC regulations, as amended.
(2)
Consolidated applications. Applicants may submit a consolidated
application for multiple small WCFs if the following conditions are
met:
(a)
The consolidated application shall not exceed twenty (20) small
wireless facilities.
(b)
The denial of one or more small wireless facilities shall not
delay the processing of any other small wireless facilities on the
same application.
(c)
A single applicant shall not submit more than one (1) consolidated
application or twenty (20) single applications in a 30-day period.
(3)
Height and size regulations.
(a)
Height on an existing utility pole. The height of a small wireless
facility on an existing utility pole shall not extend more than five
(5) feet above the existing utility pole.
(b)
Height on a new or replacement utility pole. The height of a
small wireless facility installed on a new or replacement utility
pole shall not exceed 50 feet above ground level, including the utility
pole and small wireless facility.
(c)
Each antenna associated with the deployment shall be no more
than three (3) cubic feet in volume.
(d)
Any other equipment associated with the facility (excluding
antennas) shall be no more than 28 cubic feet in volume.
(4)
Time frames for review and action.
(a)
The Township shall provide notice to the applicant if it is
incomplete within ten (10) business days of submittal of the application.
(b)
The Township shall approve or deny a small wireless facility
application for co-location on existing poles within 60 calendar days.
(c)
The Township shall approve or deny a small wireless facility
application for new or replacement poles within 90 calendar days.
(5)
Resubmittals.
(a)
Applicants may resubmit without additional fees within 30 days
of denial. The Township shall have an additional 30 days to render
a decision on the resubmitted application.
(b)
Batched applications.
[1]
Only one batched application shall be permitted
in a 45-day period.
[2]
A maximum of twenty (20) co-located facilities
are permitted per application.
[3]
If more than one (1) application for batched facilities
is submitted within a 45-day period, the Township shall have an additional
15 days to render a decision.
[Added 12-20-2023 by Ord. No. 138]
A.
Logging and timbering are permitted within all districts in Township,
based on the regulations within this section and any other relevant
regulations within this chapter.
B.
When a property owner wishes to conduct or permit to be conducted
a timber harvesting operation on his property, they must obtain a
logging and timbering permit from the Township. No timber harvesting
shall occur until the permit has been obtained.
(1)
A timber harvesting permit shall not be required if:
(a)
Work is being performed on clearing subdivision roads and rights-of-way
approved by the Township.
(b)
Work is being performed in accordance with a land development
plan approved by the Township Board of Supervisors.
(c)
Work is being performed on individual lots affected by the timber
harvesting operation of less than two acres, provided the entire timber
harvesting operation does not exceed a total of two acres.
(2)
A timber harvesting application shall be filed with the Township
and shall contain the following:
(a)
A narrative containing the following information:
[1]
Purpose of the proposed operation.
[2]
Total land area involved in the proposed timber
harvesting operation.
[3]
Total number of trees selected for harvesting.
[4]
Reforestation narrative outlining the revegetation
of the landing area, skid trails and harvest area.
[5]
A chart indicating the quantity of trees, the ranges
(DBH) and species of the trees selected for harvesting.
[6]
Stormwater control measures to be used.
[7]
Stream crossings and wetland protection measures
to be used.
[8]
A statement confirming that each tree to be removed
has been designated by the consulting or state forester with paint
or other distinctive means at two points so as to be readily visible
by the logger. One point shall be low enough on the tree so as to
be visible on the stump after the tree is removed.
(b)
A legibly drawn site plan containing the following information
and drawn to the following specifications:
[1]
Be drawn to a scale not to exceed one inch equals
100 feet.
[2]
Be drawn on a sheet size not to exceed 24 inches
by 36 inches. A copy of the site plan shall also be provided in digital
format (.DWG or DXF format on CD-ROM).
[3]
Be prepared in accordance with standard architectural
and engineering practices.
[4]
Be sealed by engineer(s) and/or surveyor(s) of
record.
[5]
The name(s) and address(es) of the landowner and
adjacent property owners.
[6]
Contain a vicinity map, which shows the property(ies)
proposed for timber harvesting as shown on a current Township map.
The vicinity map shall identify all adjacent properties and the names
of property owners surrounding the proposed timber harvesting operation.
[7]
The boundary of the site to be timber harvested
as indicated by a heavy line with length of course in feet.
[8]
The location and names of streets and roads adjacent
to the proposed timber harvesting operation.
[9]
Utility rights-of-way and/or easements.
[10]
Existing watercourses, floodplains, woodlands
and wetlands.
[11]
The required fifty-foot buffer along any harvesting
area, landing area, public road, and adjacent property.
[12]
Topography of the property, including all slopes
of 25% or greater and slide-prone soil areas.
[13]
Earth disturbance locations, including skid trails
and landing areas.
(c)
A narrative, including a copy of all applicable state or county
permits, indicating that the logging operator shall address and comply
with the requirements of all applicable state and local laws and regulations,
including, but not limited to the following:
[1]
Erosion and Sedimentation Control Regulations,
25 Pa. Code Chapter 102, promulgated pursuant to the Clean Streams
Law[1]; Subsection .4 timber harvesting operation regulations.[2] Any timber harvesting operation shall meet the following
requirements:
[2]
The erosion and sedimentation plans must be available
at the project site during all stages of the earth disturbance activity.
[3]
If wetlands are within the area to be disturbed,
proof that all necessary Pennsylvania Department of Environmental
Protection permits have been obtained shall be provided.
C.
The Township shall be notified in writing before any timber harvesting
operation begins so that the Township may determine if other Township
permits or approvals are required for the particular operation. The
Township shall be notified at the following times:
D.
Any timber harvesting operation shall meet the following requirements:
(1)
Timber harvesting is prohibited on areas with slopes greater
than 25%.
(2)
Timber harvesting is prohibited within a floodway or floodplain.
(3)
No timber harvesting operation or removal of products shall
take place between the hours of 7:00 p.m. and 8:00 a.m. or anytime
on Sundays or legal holidays.
(4)
The maximum term of any permit issued pursuant to this section
shall be for four months. However, because the timber harvesting operation
may be adversely affected or delayed by unusual circumstances of weather
or other occurrences, one additional four-month extension, after payment
of a renewal fee equal to the initial permit fee, maybe granted by
the Township.
(5)
Upon completion of the timber harvesting operation, all disturbed
areas, including, but not limited to, the landing area(s) and skid
trails, shall be revegetated pursuant to the erosion and sedimentation
control plans and the stormwater management plans as approved by the
Commonwealth of Pennsylvania's Department of Environmental Protection.
(6)
A timber harvesting operation shall not include any on-site
processing of harvested trees or manufacturing except as permitted
by the Code.
(7)
Any disturbance along a Township-maintained street or road to
create a new or improve upon an existing access shall be reconstructed
back to its original condition as it was prior to the commencement
of the timber harvesting operation.
E.
The Township shall have the right to waive any requirements of this
section. The Township shall also have the right to add any additional
conditions, including additional bonding or other financial security
for the actual restoration of damaged roads, deemed necessary to protect
the health, welfare, and safety of the residents of the Township.
F.
The Township Manager or his/her designee may enter the site of any
timber harvesting operation before, during, or after active logging
to: 1) review the timber harvesting plan or any other required documents
for compliance with this section; and 2) inspect the operation for
compliance with the timber harvesting plan and other on-site requirements
of this section.
G.
Upon finding that a timber harvesting operation is in violation of
any provision of this section, the Township shall issue the logging
operator and the landowner a written notice of violation in accordance
with the provisions of this chapter regarding enforcement notices,
describing each violation and specifying a date by which corrective
action must be taken.
H.
The Township may order the immediate suspension of any timber harvesting
operation and may institute any appropriate action to prevent, restrain,
correct, or abate the violation of this section upon finding that:
1) corrective action has not been taken by the date specified in a
notice of violation; 2) the operation is proceeding without a timber
harvesting plan; or 3) the operation is causing an immediate environmental
risk.
(1)
Suspension orders shall be in writing, shall be issued to the
logging operator and the landowner and shall remain in effect until
the timber harvesting operation is brought into compliance with this
section or other applicable statutes or regulations.
