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Township of Halfmoon, PA
Centre County
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[Amended 3-11-1999 by Ord. No. 1999-1]
A. 
The purposes of this district and in particular the rural preservation development permitted use provisions are to encourage continued agricultural uses, to protect natural resources, to preserve the rural character of the Township and to ensure that growth results in a community of functional neighborhoods and increases collective security and community identity. A reasonable balance should be maintained between the pressure for new residential development and the desire of Township residents to continue to benefit from rural pursuits. It is recognized that continuing agricultural uses may have adverse effects on new and existing residential uses, however, these conflicts can be minimized through thoughtful planning. Residents value the natural features of the Township and intend to preserve streams, wetlands, farmland, woodlands, mountain ridges and open lands.
B. 
Furthermore, the rural preservation design standards established herein are intended to achieve the following:
(1) 
To conserve open land, including those areas containing unique and sensitive natural features such as woodlands, steep slopes, streams, floodplains and wetlands, by setting them aside from development;
(2) 
To provide greater design flexibility and efficiency in locating services and infrastructure, including the opportunity to reduce length of roads, utility runs, and the amount of paving required for residential development;
(3) 
To reduce erosion and sedimentation by retaining existing vegetation, and limiting development on steep slopes;
(4) 
To implement adopted municipal policies regarding conservation of irreplaceable and environmentally sensitive resource lands as set forth in the Centre Region Comprehensive Plan;
(5) 
To implement adopted land use, transportation, and community policies, as identified in the Centre Region Comprehensive Plan;
(6) 
To protect areas of the Township with productive agricultural soils for continued or future agricultural use, by conserving blocks of land large enough to allow for efficient farm operations;
(7) 
To create neighborhoods with direct visual access to open land, with amenities in the form of neighborhood open land, and with a strong neighborhood identity;
(8) 
To provide for the conservation and maintenance of open land within the Township for recreational use by residents;
(9) 
To provide multiple development options for landowners that minimize impacts on environmental resources (sensitive lands such as wetlands, floodplain, and steep slopes) and disturbance of any natural or cultural features (such as mature woodlands, hedgerows and tree lines, critical wildlife habitats, historic buildings and fieldstone walls);
(10) 
To provide standards that can be adapted to the varying circumstances and interests of individual landowners, and the individual characteristics of their properties;
(11) 
To conserve scenic views and elements of the Township's rural character, and to minimize perceived density, by minimizing views of new development from existing roads; and
(12) 
To retain the natural features of the Township that are essential to the protection of watersheds and groundwater recharge.
A. 
Uses permitted by right. A lot or parcel of land may be used and buildings or structures may be erected and used for any of the following purposes:
(1) 
Agricultural uses related to the tilling of the land, the raising of farm products, the raising and keeping of livestock and poultry, including the sale of farm products produced on the premises, and maintaining of kennels.
[Amended 8-8-2013 by Ord. No. 2013-11]
(2) 
Horticultural uses related to the raising, propogating and selling of trees, shrubs, flowers, and other plant materials.
(3) 
Forestry uses related to the harvesting of lumber products, including the establishment and operation of equipment necessary for the harvesting of trees.
(4) 
Activities related to the preservation of natural amenities.
(5) 
Residential uses, except for mobile home parks and multifamily housing.
[Amended 3-11-1999 by Ord. No. 1999-1; 6-10-1999 by Ord. No. 1999-5]
(a) 
Rural preservation developments.[1]
[1] 
Residential development on a parent tract of 10 acres or more must follow the design standards of § 215-24, Rural preservation design standards.
[2] 
Residential development on a parent tract of less than 10 acres may follow the design standards of § 215-24, Rural preservation design standards, if the developer so chooses.
[3] 
There are two types of rural preservation developments:
[Amended 2-26-2004 by Ord. No. 2004-02]
[a] 
Option 1 neighborhood lots: requires at least 50% open land, minimum lot size 1/4 acre, and may not be further subdivided.
[b] 
Option 2 country lots: maximum average density one dwelling unit per five acres, minimum lot size two acres. Country lots may not be further subdivided into neighborhood lots unless at least 50% of the parent tract can be designated as open land as required by § 215-24, Rural preservation design standards, and §§ 255-17 and 255-18.
[4] 
If a parcel being developed is to include both neighborhood lots and country lots, the plan must show which part of the tract is located in the neighborhood lot development and which part is in the country lot development. Each of the developments shall meet all of the requirements of the type of development being proposed.
[1]
Editor's Note: Criteria and Standards for RPD - Single-Family Residential Development Options in the A-1 and R-1 Zoning Districts is included at the end of this chapter.
(b) 
Traditional developments.
[1] 
Parcels of less than 10 acres existing at the time of adoption of this chapter that elect not to develop under the rural preservation design standards shall be termed traditional developments.
[2] 
Lot exemptions. All parcels that are 10 acres or larger in area at the time of enactment of this subsection will be entitled to subdivide up to four lots from the parent tract without having to comply with rural preservation design standards. Lots less than 10 acres created under this exemption shall be restricted from further development by permanent deed restriction. Lots 10 acres or greater created under this exemption and the remainder of the parent tract shall comply with rural preservation design standards if resubdivided at any time in the future.
(6) 
Limited commercial uses.
[Added 10-10-1996 by Ord. No. 1996-2]
(a) 
Intent and purposes. It is the intent of this subsection to permit the preservation of agricultural buildings and rural character while at the same time allowing certain limited commercial uses to promote economic growth in the Township.
(b) 
District regulations. There shall be permitted in the Agricultural District some limited commercial uses of farm structures for which the original agricultural intent may no longer be a viable option. Only farm structures in existence at the time of the passage of this subsection shall be eligible for the newly permitted limited commercial uses. The following regulations shall apply:
[1] 
Permitted uses are those set forth in § 255-22A (Commercial District uses) of this chapter unless noted otherwise.
[2] 
Prohibited uses are:
[a] 
Those which deal with or may produce hazardous or noxious materials, including but not limited to dry cleaning operations, mortuaries, bulk petroleum product sales, vehicle repair (except that which takes place entirely within the structure).
[b] 
Those which convey a temporary or haphazard appearance, including junk shops, flea markets, ongoing garage or yard sales and similar activities.
[c] 
Those which may attract large groups of patrons at one time and are more properly sited in the commercial zone, specifically bus passenger stations, hotels and motels, entertainment and amusement enterprises, including billiard parlors, video arcades, bowling alleys, skating rinks, health clubs, motion-picture theaters, arenas, stadiums, auditoriums and similar activities.
[3] 
The minimum tract size shall be 10 acres for any one or combination of permitted uses.
[4] 
The limited commercial uses permitted herein shall be limited to no more than two buildings on a property. The yard area is prohibited from use except as provided herein.
[5] 
The integrity of the structure shall be maintained pursuant to the following minimum requirements:
[a] 
An approved Pennsylvania Department of Labor and Industry inspection and associated permit for the intended use must be provided by the applicant to the Township prior to the issuance of an approved occupancy permit.
[b] 
Minimum renovations to the exterior, if required, are as follows:
[i] 
Painting of all surfaces previously painted and the preservation of all previously unpainted surfaces;
[ii] 
Improvements to the roof in order to seal the structure from weather effects;
[iii] 
Repairs to the foundation in order to maintain the stability of the structure.
[6] 
Exterior alterations or changes shall not be permitted, except as required by Subsection A(6)(b)[5][a] and [b] of this section.
[7] 
Outdoor storage of any kind is prohibited. Temporary outside display of items is permitted during daylight hours on no more than 32 square feet and must be in compliance with setbacks and be shown on the site plan.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[8] 
Outdoor signs are permitted and must conform to the requirements of Article XI, Signs.
[9] 
Any structure that is nonconforming with regard to building setbacks shall not be eligible for limited commercial use.
[10] 
The owner/owners of the premises need not live on the tract nor operate the limited commercial use.
[11] 
The limited commercial use shall comply with all other provisions of this chapter.
(7) 
Limited industrial uses on five-acre or larger parcels shall be permitted. The aforesaid permitted uses shall include only the following:
[Added 10-10-1996 by Ord. No. 1996-3]
(a) 
Public and private garages for the storage and maintenance of motor vehicles, inspection of vehicles, and accessory use or sale of new and used vehicle parts;
(b) 
Yard storage of equipment, road materials, excavation, electrician, construction trades, well-driller, and/or septic operations, businesses to include offices;
(c) 
Machine shop, small engine repair shop, furniture making shop, woodworking shop;
(d) 
Residences of bona fide caretakers and/or owner operators; and offices necessary to conduct said businesses.
B. 
Accessory uses. The following uses are normal in this district:
(1) 
Accessory structures and uses customarily incidental to the agricultural uses of Subsection A(1) through (4).
(2) 
Accessory buildings and uses for residential purposes where the residence is associated with a farm operation.
(3) 
Accessory buildings and uses customarily incidential to the conditional uses of Subsection C.
[Amended 7-14-2011 by Ord. No. 2011-01]
(4) 
Home occupations.[3]
[3]
Editor's Note: Original Sec. 202.2d, regarding acessory buildings and uses where a residence is not associated with a farm operation, as amended, which immediately preceded this subsection, was repealed 3-23-2006 by Ord. No. 2006-01.
(5) 
Accessory dwelling unit, in accordance with the requirements of § 255-8A(1)(a) through (f).
[Added 7-11-2002 by Ord. No. 2002-04]
(6) 
Residential wind turbines. One or more wind turbines are permitted in the A-1 Agriculture, R-1 Residential, C-1 General Commercial, LI — Light Industrial, M-1 Industrial and V-Village Zoning Districts as an accessory use if the following conditions are met:
[Added 10-14-2010 by Ord. No. 2010-01]
(a) 
Required primary use. The property on which a residential wind turbine is proposed to be located must have a permitted primary use which would be drawing electricity from said wind turbine(s).
(b) 
All residential wind turbines shall be designed and installed in accordance with all manufacturer's specifications and design requirements. The applicant is also required to provide an engineering analysis of the proposed tower, showing compliance with applicable International Building Code requirements, and certified by a Pennsylvania-licensed professional engineer. This analysis may be supplied by the manufacturer.
(c) 
If applicable, prior to all construction, a Halfmoon Township zoning permit and Centre Region Code Administration (CRCA) construction permit and/or electrical permit shall be required.
(d) 
Required setbacks. All residential wind turbines shall be setback from property lines 1.1 times the turbine height.
(e) 
Maximum height. The maximum height of all accessory use residential wind turbines shall be no more than 35 feet, regardless of zoning district. If a height of greater than 35 feet is required, applicant shall apply for a conditional use permit, which application would include notification of adjoining property owners of the intent to place a residential wind turbine over 35 feet.
(f) 
Interference. Residential wind energy system(s) shall not cause any radio, television, microwave, or navigation interference. If a signal disturbance problem is identified, the owner shall correct the problem within 90 days of being notified of the problem by the Township Zoning Officer.
(g) 
Appearance. Residential wind energy system(s) shall maintain a galvanized neutral finish or be painted to conform to the surrounding environment to minimize adverse effects. No small wind energy system shall have any signage, writing, pictures, or decorations placed on it at any time other than warning, equipment, and ownership information. No small wind energy system shall have any flags, streamers, banners, or other decorative items that extend from any part of the system placed on it at any time.
(h) 
Lighting. Residential wind energy system(s) shall not be artificially lit unless such lighting is required by the FAA.
(i) 
Noise.
[1] 
Audible sound from a residential wind turbine shall not exceed 55 dBA, as measured at the exterior of any occupied building on a nonparticipating landowner's property.
[2] 
Any noise level falling between two whole decibels shall be the lower of the two.
(j) 
Shadow flicker. Shadow flicker on adjoining properties shall be minimized to the greatest extent possible by positioning the residential wind turbine(s) on site in a location which would minimize or eliminate the shadow from falling on an adjoining property or at least any occupied building on said property.
(k) 
Notification.
[1] 
No residential wind energy system(s) shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt.
[2] 
When application is made for approval of a small wind energy system, notice shall be mailed, at the applicant's expense, to the owners of all properties adjacent and within 200 feet of the lot on which the system is to be constructed. A copy of all associated documentation shall be provided to the Township.
(l) 
Decommissioning.
[1] 
A residential wind turbine that is out-of-service for a continuous twelve-month period will be deemed to have been abandoned. The CRCA Inspector or Township Zoning Officer may issue a notice of abandonment to the owner of a system that is deemed to have been abandoned. The owner shall have the right to respond to the notice of abandonment within 30 days from notice receipt date. Notice shall be withdrawn if the owner provides information that demonstrates the system has not been abandoned.
[2] 
If the residential wind turbine is determined to be abandoned, the owner of a system shall remove the wind turbine and the tower at his or her sole expense within three months of receipt of notice of abandonment. If the owner fails to remove the wind turbine and/or the tower, the Zoning Officer may pursue a legal action to have the wind turbine and/or tower removed at the owner's expense.
C. 
Conditional uses. The following uses shall be permitted on parcels of land in the A-1 District as conditional uses subject to the conditions prescribed under Article XIII and other below:
(1) 
Quarry/extraction operations in accordance with this chapter.
[Amended 12-11-1999 by Ord. No. 1999-11; 7-14-2011 by Ord. No. 2011-01]
(2) 
Uses and equipment for processing natural resources, such as asphalt plants, ready mix concrete plants and saw mills, etc., asphalt plants and ready mix concrete plants shall be in accordance with this chapter.
[Amended 12-11-1999 by Ord. No. 1999-11; 7-14-2011 by Ord. No. 2011-01]
(3) 
Community sewage treatment plants.
(4) 
Recreational facilities, such as vehicular race tracks, campgrounds, youth camps, gun clubs, hike, bike or horse paths, golf courses, tennis courts, picnic areas, hunting or targeting facilities or preserves, or other organized sport arrangements, provided that conditions of impact on neighboring uses shall be prescribed by the Planning Commission in recommendation to the Supervisors, such that the way of life of Township residents affected shall not be significantly changed in respect to perceived noise, road traffic or creation of nuisance; and race track operations and other noisy operations shall be in daylight hours.
(5) 
Public service and public utility uses.
(6) 
Multifamily structures.
(7) 
Mobile home parks, where the housing density requirements of Subsection D are met, provided that joint septic disposal, public streets, and recreation shall be planned for the entire mobile home park or phased portions thereof; provided that there shall be presented satisfactory maintenance agreements to be enforced among homeowners for any jointly held facilities, and a performance bond with the Township or evidence of satisfactory installation of improvements shall be presented; provided that there shall be presented satisfactory plans for use of the open space available, particularly as for farming use or public open space use; provided that a written agreement shall be executed and recorded between the Township and developer or landowner ensuring that the open lands remain forever open and listing responsibilities of all parties to the agreement; and the required site plan review of Article XIII shall consider among other criteria: overall layout, sewerage, access, use of prime cropland, utility improvements, recreation facilities, including an organized recreation site of 1.5 acres per 50 dwelling units or portion thereof above 10 units, and all pertinent agreements; and the minimum space on which a dwelling unit sits shall be 0.25 acre for each dwelling unit.
[Amended 6-10-1999 by Ord. No. 1999-5]
(8) 
Veterinary hospital/clinic.
[Added 3-13-2008 by Ord. No. 2008-3]
(9) 
Commercial wind energy facilities.
[Added 10-14-2010 by Ord. No. 2010-01]
(a) 
Application requirements. The following minimum requirements shall be submitted with any application for a conditional use permit for a commercial wind energy facility, including but not be limited to the following:
[1] 
A narrative describing the proposed commercial wind energy facility, including an overview of the project; the project location; the generating capacity of the commercial wind energy facility; the number, representative types and height or range of heights of wind turbines to be constructed, including their generating capacity, dimensions, respective manufacturers and specifications; and a description of any/all accessory wind energy facilities.
[2] 
An affidavit or similar evidence of agreement between the property owner(s) and the facility owner or operator demonstrating that the facility owner or operator has the permission of the property owner to apply for the necessary local permits for construction and operation of a commercial wind energy facility.
[3] 
Identification of the properties on which the proposed commercial wind energy facility will be located, and the properties adjacent to where the commercial wind energy facility will be located within 1,000 feet.
[4] 
A site plan showing the planned location of each wind turbine, property lines, setback lines, access road and turnout locations, substation(s), electrical cabling from the commercial wind energy facility to the substation(s), ancillary equipment, buildings, and structures, including permanent meteorological towers, associated transmission lines, and the proposed layout of all structures.
[5] 
The developer shall provide Halfmoon Township with a study justifying the need for the wind turbines. The study shall include, but will not be limited to, data showing reasonable average wind speeds capable of generating electricity and the available capacity to transmit the electricity into the power grid.
[a] 
The developer shall prepare and provide documents related to shadow flicker, assuming a worst-case scenario where the wind turbine is in constant operation while the sun is shining, and the wind and the turbine rotor keep tracking the sun by yawing the turbine exactly as the sun moves. The documents shall illustrate the affected properties including any affected occupied buildings, the time of day and time of year properties and all occupied buildings that will be affected, and the total amount of time each occupied structure will be affected by shadow flicker.
[6] 
Documents related to decommissioning, including a schedule for the decommissioning and financial security.
[7] 
Other relevant studies, reports, certifications and approvals as may be reasonably requested by Halfmoon Township and the Centre Region Code Administration (CRCA) to ensure compliance with this chapter and any applicable international building and/or fire code requirements.
(b) 
Commercial wind energy facility conditional use permit. A grouping of one or more wind turbines known as a commercial wind energy facility shall be permitted as conditional use in the A-1 Agricultural Zoning District according to the following regulations:
[1] 
Establishment of conditions. The conditional use permit for commercial wind energy facilities shall establish the following prior to approval by the Township Board of Supervisors:
[a] 
The tract(s) of land must meet all eligibility requirements established in this chapter.
[b] 
The commercial wind energy facility meets all pertinent regulations contained in Ch. 215, Subdivision and Land Development, as amended.
[c] 
The commercial wind energy facility meets all zoning requirements contained in this chapter and all pertinent regulations contained in Chapter 255, Zoning, as amended.
[d] 
Evidence that the commercial wind energy facility meets all design and installation requirements specified in § 255-13C(9)(f) of this chapter.
[e] 
Agreement between the Township and the applicant that the wind turbines will be operated pursuant to § 255-13C(9)(i) and decommissioned pursuant to § 255-13C(9)(o).
[f] 
Type(s), size(s) and number of wind turbines as well as any accessory structures or equipment accompanying the wind turbines.
[g] 
Evidence that the commercial wind energy facility will meet any other conditions required by the Board of Supervisors in order to protect the health, safety and general welfare of the public.
(c) 
Modification of conditional use permit. Once approval for a conditional use permit is granted, the applicant shall abide by all conditions including everything established in Subsection A above. Modification to the conditions can only be made by applying for a new conditional use permit following all the procedures set forth in this chapter. Any change in relation to the land development and/or subdivision plan can be made following the processes outlined in the Halfmoon Township Code unless they relate to modifications of the conditions established for the conditional use permit.
(d) 
Land development and subdivision. Applicants shall submit land development and/or subdivision plans with the conditional use permit application which shall be compliant with all land development/subdivision requirements pursuant to Ch. 215, Subdivision and Land Development, as amended.
(e) 
Eligibility requirements. Commercial wind energy facilities are permitted on single or multiple tracts each under separate ownership if all of the wind turbines are to be owned, operated and maintained by one facility owner.
(f) 
Design and installation. Commercial wind energy facilities shall be designed and installed as follows:
[1] 
Uniform Construction Code. To the extent applicable, commercial wind energy facilities shall comply with the Pennsylvania Uniform Construction Code, Act 45 of 1999, as amended, and applicable regulations adopted by the Department of Labor and Industry.
[2] 
Design safety certification. The design of the commercial wind energy facility shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanishcer Lloyd wind energies, or other similar certifying organization(s).
[3] 
Controls and brakes. All wind energy facilities shall be equipped with a redundant braking system. This includes both aerodynamic over-speed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for over-speed protection.
[4] 
Electrical components. All electrical components of the commercial wind energy facility shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.
[5] 
Visual appearance and power lines.
[a] 
Wind turbines shall be a nonobtrusive color such as white, off-white or gray except to the extent required by the Federal Aviation Administration (FAA) or other applicable authority that regulates air safety.
[b] 
Commercial wind energy facilities shall not be artificially lighted, except to the extent required by the FAA or other applicable authority.
[c] 
Wind turbines shall not display advertising, except for reasonable identification of the turbine manufacturer, facility owner and/or operator, which shall be limited to no more than two square feet in area each and six square feet in total for each wind turbine.
[d] 
On-site transmission and power lines between wind turbines shall be placed underground.
(g) 
Required warnings and safety measures.
[1] 
A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.
[2] 
Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of 10 feet from the ground surface.
[3] 
Climb prevention/locks. Wind turbines shall not be climbable up to 15 feet above ground surface.
[4] 
All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.
[5] 
Blade clearance. The minimum distance between the ground and any protruding blade(s) utilized on all wind turbines shall be 15 feet, as measured at the lowest point of the arc of the blades. The minimum distance shall be increased as necessary to provide for vehicle clearance in locations where over-sized vehicles might travel.
(h) 
Setbacks.
[1] 
Occupied buildings.
[a] 
Wind turbines shall be set back from the nearest occupied building a distance not less than 1.1 times the turbine height. The setback distance shall be measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.
[b] 
Wind turbines shall be set back from the nearest occupied building located on a nonparticipating landowner's property at least five times the turbine height, or 2,500 feet, whichever distance is greater, as measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.
[2] 
Property lines. All wind turbines shall be set back from the nearest property line a distance of not less than 1.1 times the turbine height. The setback distance shall be measured to the center of the wind turbine base.
[3] 
Public roads. All wind turbines shall be set back from the nearest public road a distance of not less than 1.1 times the turbine height, as measured from the right-of-way line of the nearest public road to the center of the wind turbine base.
(i) 
Operational standards. Upon successful approval of a conditional use permit for a commercial wind energy facility, the site, installation and operation of the wind turbines and associated facilities shall be used and operated under the following requirements:
[1] 
Use of public roads.
[a] 
The applicant shall identify all state and local public roads to be used within Halfmoon Township to transport equipment and parts for construction, operation or maintenance of the wind energy facility.
[b] 
The Halfmoon Township Engineer (or a qualified third-party engineer hired by the Township and paid for by the applicant), shall document road conditions prior to construction. The engineer shall document road conditions again 30 days after construction is complete or as weather permits.
[c] 
The Township may bond the road in compliance with state and/or Township regulations.
[d] 
Any road damage caused by the applicant or its contractors shall be promptly repaired at the applicant's expense.
[e] 
The applicant shall post surety acceptable to the Township Engineer to demonstrate that it has appropriate financial assurance to ensure the prompt repair of any/all damaged roads.
[2] 
Noise.
[a] 
Audible sound from a wind energy facility shall not exceed 55 dBA, as measured at the exterior of any occupied building on a nonparticipating landowner's property.
[b] 
Methods for measuring and reporting acoustic emissions from wind turbines and the wind energy facility shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1 — 1989, titled "Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier." Halfmoon Township may grant a partial waiver of such standards where it has determined that literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question and provided that such waiver will not be contrary to the public interest.
[c] 
In the event the ambient noise level exceeds the applicable standard given above, the applicable standard shall be adjusted so as to equal the ambient noise level. The ambient noise level shall be expressed in terms of the highest whole number sound pressure level, in dBA, which is exceeded for more than five minutes per hour. Ambient noise levels shall be measured at the exterior of potentially affected nonparticipating landowners' occupied building(s). Ambient noise level measurement techniques shall employ all practical means of reducing the effect of wind-generated noise at the microphone. Ambient noise level measurements may be performed when wind velocities at the proposed project site are sufficient to allow wind turbine operation, provided that the wind velocity does not exceed 30 mph at the ambient noise measurement location.
[d] 
Any noise level falling between two whole decibels shall be the lower of the two.
(j) 
Shadow flicker. The facility owner and operator shall eliminate shadow flicker to any occupied building on a nonparticipating landowner's property.
(k) 
Signal interference. The applicant shall make reasonable efforts to avoid any disruption or loss of radio, telephone, television or similar signals, and shall mitigate any harm caused by the commercial wind energy facility.
(l) 
Liability insurance. The applicant shall maintain a current general liability policy covering bodily injury and property damage with limits of at least $1,000,000 per occurrence and $2,000,000 in the aggregate. Certificates shall be made available to Halfmoon Township upon request.
(m) 
Public inquiries. The facility owner and operator shall maintain on file with the Township a phone number and identify a responsible person for the Township to contact 24 hours, seven days a week, in emergency situations and for public inquiries and complaints during normal business hours. If there is a mechanical failure or possible ordinance violation, the facility owner or operator shall begin to correct the problem immediately and have it fully resolved/corrected within two weeks, 14 calendar days, from the time the emergency, complaint or inquiry was received. If the problem has not been corrected within the fourteen-calendar-day period, Halfmoon Township may, at its discretion, instruct the facility owner and/or operator to immediately shut down the affected wind turbine until a repair or correction is made to eliminate the problem.
(n) 
Waste management. All solid waste, whether generated from supplies, equipment, parts, packaging, or operation or maintenance of the facility, including old parts and equipment, shall be removed from the site in a timely manner consistent with industry standards. All hazardous waste generated by the operation and maintenance of the facility, including but not limited to lubricating materials, shall be handled in a manner consistent with all local, state and federal rules and regulations.
(o) 
Decommissioning.
[1] 
The facility owner and operator shall, at its expense, complete decommissioning of the commercial wind energy facility, or individual wind turbines, within 12 months after the end of the useful life of the facility or individual wind turbines. The commercial wind energy facility or individual wind turbine will presume to be at the end of its useful life if no electricity is generated for a continuous period of 12 months.
[2] 
Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, access roads, foundations to a depth of 36 inches, and any other associated facilities.
[3] 
Disturbed earth shall be graded, re-seeded and/or reforested to reclaim the site back to its predevelopment condition, unless the landowner requests in writing and approval is granted by Halfmoon Township that the access roads or other land surface areas not be restored.
[4] 
An independent and certified professional engineer shall be retained by Halfmoon Township at the cost of the operator to estimate the total cost of decommissioning ("decommissioning costs"). Said estimates shall be submitted to Halfmoon Township after the first year of operation and every fifth year thereafter.
[5] 
The facility owner or operator shall post and maintain decommissioning funds in an amount equal to decommissioning costs, provided that at no point shall decommissioning funds be less than 25% of decommissioning costs. The decommissioning funds shall be posted and maintained with a bonding company or federal- or commonwealth-chartered lending institution chosen by the facility owner or operator and participating landowner posting the financial security, provided that the bonding company or lending institution is authorized to conduct such business within the commonwealth and is approved by Halfmoon Township.
[6] 
Decommissioning funds may be in the form of a performance bond, surety bond or other form of financial assurance as may be acceptable to Halfmoon Township.
[7] 
If the facility owner or operator fails to complete decommissioning within the period prescribed, then the landowner shall have six months to complete decommissioning.
[8] 
If neither the facility owner or operator nor the landowner complete decommissioning within the periods prescribed herein, then Halfmoon Township may take such measures as necessary to complete decommissioning. The entry into and submission of evidence of a participating landowner agreement to Halfmoon Township shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that Halfmoon Township may take such action as necessary to implement the decommissioning plan at owner's or operator's expense.
[9] 
The escrow agent shall release the decommissioning funds when the facility owner or operator has demonstrated and Halfmoon Township concurs that decommissioning has been satisfactorily completed, or upon written request of Halfmoon Township in order to implement the decommissioning plan.
(p) 
Waivers. The Halfmoon Township Board of Supervisors may grant waivers to this ordinance where non-self-imposed hardships exist if requested by the applicant with agreement in writing from either participating and/or nonparticipating landowners subject to the following conditions:
[1] 
The written waiver shall notify the participating and/or nonparticipating property owner(s) of how the proposed commercial wind energy facility is not in compliance with the requirements of this ordinance and from what specific provisions they are requesting relief.
[2] 
Any such waiver granted shall be recorded in the Centre County Recorder of Deeds Office. The waiver shall describe the participating and/or nonparticipating properties benefited and burdened and advise all subsequent purchasers of the burdened property/properties that the waiver(s) shall run with the land and may forever burden the subject property/properties.
[3] 
All participating and/or nonparticipating property owners entering into agreement with a facility owner or operator shall subsequently all be considered "participating landowners" by said actions.
D. 
Area and bulk regulations.
(1) 
Maximum lot density:
(a) 
Single-family: one acre per dwelling unit.
(b) 
Two-family or multifamily: 0.75 acre per dwelling unit.
(c) 
Mobile home park space: one acre per dwelling unit.[4]
[4]
Editor's Note: Original Sec. 202.4(d), regarding slopes over 10%, which immediately followed this subsection, was deleted 7-14-2011 by Ord. No. 2011-01.
(2) 
Other requirements for multifamily structures:
(a) 
One-tenth acre per living unit for common open space, to be grouped next to Subsection D(2)(b) below;
(b) 
For every four units a tot-lot space of 200 square feet;
(c) 
A garden plot space of 300 square feet for each unit;
(d) 
A sevety-five-foot-wide landscaped or grassed strip between the structure and use other than the spaces listed in Subsection D(2)(a) to (c) above.
(3) 
The above spaces all to be measured separately, and the required driveways or parking shall not be measured as part of Subsection D(2)(a) to (d) above; and the remaining space required by this chapter may be farmed or left in open space with no other structures added.
(4) 
Minimum lot width: 150 feet at property line, if access is from a collector or arterial street; otherwise 50 feet if on a local street. The ratio of greatest depth to greatest width should be no more than 3:1.
(5) 
Minimum lot depth: 125 feet.
(6) 
Minimum yard setback requirements:
(a) 
Front:
[1] 
Seventy feet from center line of PA 550, T309, T308, T405 or other street designated collector or arterial.[5]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2] 
Sixty feet from center line of other streets.
[3] 
Fifty feet from the front lot line for the limited industrial uses of § 255-13A(7).
[Added 10-10-1996 by Ord. No. 1996-3]
(b) 
Side:
[1] 
Twenty-five feet unless customary farm livestock is kept; in that case the animal pen setback shall be 65 feet.
[2] 
Fifty feet for the limited industrial uses of § 255-13A(7).
[Added 10-10-1996 by Ord. No. 1996-3]
(c) 
Rear:
[1] 
Twenty-five feet.
[2] 
Fifty feet for the limited industrial uses of § 255-13A(7).
[Added 10-10-1996 by Ord. No. 1996-3]
(7) 
Maximum building height:
(a) 
Thirty feet except for farm structures such as barns and silos.
(b) 
Forty-five feet for the limited industrial uses of § 255-13A(7).
[Added 10-10-1996 by Ord. No. 1996-3]
(8) 
Maximum lot coverage:
(a) 
Fifteen percent.
(b) 
Thirty percent for the limited industrial uses of § 255-13A(7).[6]
[Added 10-10-1996 by Ord. No. 1996-3]
[6]
Editor's Note: Original Sec. 202.4(9), Off-street parking, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(9) 
Access spacing:
(a) 
One-hundred-fifty feet minimum on same side of collector or arterial street, provided that the sight distance shall be 250 feet minimum in each direction as determined by a person of normal height standing on the edge of the street cartway at the point where the driveway meets the street. On a local street there is no minimum access spacing.
[Amended 8-12-1999 by Ord. No. 1999-10]
(b) 
The single access point for limited industrial uses permitted by § 255-13A(7) shall be to an arterial street. However, limited industrial uses shall be permitted on parcels of five acres or more which have access to a collector or a local street and which, at the time of this amendment, possess a business that qualifies as an industrial use under § 255-13A(7).
[Added 10-10-1996 by Ord. No. 1996-3]
(10) 
Rural preservation developments.
[Added 3-11-1999 by Ord. No. 1999-1]
(a) 
Option 1 neighborhood lots.
[1] 
Minimum lot size: 1/4 acre.
[2] 
Minimum lot width at front setback: 70 feet.
[3] 
Minimum lot width at street line:
[a] 
Single driveway access: 50 feet.
[b] 
Shared driveway access: 30 feet.
[c] 
For shared driveway access where the lots do not front on a public street, the driveway easement/right-of-way shall have a minimum width of 35 feet.
[4] 
Minimum lot depth: 100 feet.
[5] 
Minimum yard setback requirements (measured from lot line):
Local Street or Shared Driveway Access
(feet)
Collector Access
(feet)
Arterial Access
(feet)
Front
30
45
45
Side
15
15
15
Rear
15
15
15
[a] 
A lot abutting an arterial/collector street shall have a setback of 45 feet along that arterial/collector.
[b] 
For all subdivisions that abut Route 550, all lots contained within the subdivision must have a minimum setback of 150 feet from the right-of-way of Route 550.
[6] 
Maximum building height: 40 feet except for farm structures such as barns and silos.
[7] 
Maximum impervious area:
[a] 
Lots less than one acre: 35%.
[b] 
Lots one to two acres: 15%.
[c] 
Lots more than two acres: 10%.
[8] 
Minimum buildable area: 70 feet by 70 feet must be shown on the plan for the buildable area of each lot.
[Amended 8-24-2000 by Ord. No. 2000-2]
(b) 
Option 2 country lots.
[1] 
Maximum overall lot density: one dwelling unit per five acres.
[2] 
Minimum lot size: two acres.
[3] 
Minimum lot width at front setback: 100 feet.
[4] 
Minimum lot width at street line:
[a] 
Single driveway access: 50 feet.
[b] 
Shared driveway access: 30 feet.
[c] 
For shared driveway access where the lots do not front on a public street the driveway easement/right-of-way shall have a minimum width of 35 feet.
[5] 
Minimum yard setback requirements (measured from lot line):
Local Street or Shared Driveway Access
(feet)
Collector Access
(feet)
Arterial Access
(feet)
Front
30
45
45
Side
15
15
15
Rear
15
15
15
[a] 
A lot abutting an arterial/collector street shall have a setback of 45 feet along that arterial/collector.
[b] 
For all subdivisions that abut Route 550, all lots contained within the subdivision must have a minimum setback of 150 feet from the right-of-way of Route 550.
[6] 
Maximum building height: 40 feet except for farm structures such as barns and silos.
[7] 
Maximum impervious area: 10%.
(c) 
Traditional developments:
[1] 
Minimum lot size: one acre.
[2] 
Minimum lot width at front setback:
[a] 
Collector/arterial street: 150 feet.
[b] 
Local street: 50 feet.
[3] 
Minimum lot width at street line:
[a] 
Collector/arterial street: 150 feet.
[b] 
Local street: 50 feet.
[i] 
The ratio of greatest depth to greatest width shall be no more than 3:1.
[4] 
Minimum lot depth: 125 feet.
[5] 
Minimum yard setback requirements (measured from lot line):
Local Street Access
(feet)
Arterial/Collector Access
(feet)
Front
30
45
Side
15
15
Rear
15
15
[a] 
A lot abutting an arterial/collector street shall have a setback of 45 feet along that arterial/collector.
[b] 
For all subdivisions that abut Route 550, all lots contained within the subdivision must have a minimum setback of 150 feet from the right-of-way of Route 550.
[6] 
Maximum building height: 40 feet except for farm structures such as barns and silos.
[7] 
Maximum impervious area:
[a] 
Lots up to two acres: 15%.
[b] 
Lots more than two acres: 10%.
[8] 
Minimum buildable area: 70 feet by 70 feet must be shown on the plan for the buildable areas of each lot.[7]
[7]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Storage of manure and new barn construction is not permitted closer than 300 feet from any residential or commercial building where both are not owned by the same person. Nothing in this chapter shall prohibit the expansion of existing nonresidential farm structures.
[Added 10-10-1996 by Ord. No. 1996-3[1]]
The limited industrial uses set forth in § 255-13A(7) are permitted by right upon compliance with various sections of this chapter as set forth hereinbelow. Applicants proposing any of said limited industrial uses need not comply with the conditional use permit approval process which includes a public hearing. However, the requirements of this chapter relating to review and approval of submitted plans by the Planning Commission shall apply. Further, the Planning Commission shall approve each plan by signing a signature block on the plan prior to Board of Supervisor action. The specific sections of this chapter that apply to proposed limited industrial uses in the Agricultural District are as follows:
A. 
The noise level at the tract boundary shall not exceed 60 decibels during a continuous period of time as measured by an acceptably calibrated noise meter device.
B. 
The appearance of exterior building surfaces, including roof lines, materials, or signage, shall be compatible with those used by other structures in the Agricultural District. The intent of this subsection is to preserve the rural character of the Township. The aforesaid exterior appearance shall be subject to review and approval at the time of site plan submission.
C. 
On-site wells used for any water purpose shall be cased and grounded by acceptable methods so as to prevent infiltration. All other Township ordinances concerning water wells shall apply.
D. 
Sewage and solid waste disposal certifications shall be required before a zoning permit is approved. Any sewage and/or solid waste disposal Township ordinances shall apply.
E. 
The applicant shall be prohibited from constructing buildings or structures or disturbing any land on identified hydric soils.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Added 3-11-1999 by Ord. No. 1999-1]
In addition to the use and area/bulk regulations contained in Article III, § 255-13, of this chapter, the design standards prescribed in Article IV, § 215-24, shall apply to rural preservation developments.
[Added 3-11-1999 by Ord. No. 1999-1]
At the time an application is made to the Township for preliminary plan approval, the applicant shall supply a written agreement to the Township, in a manner and form acceptable for recording by the Recorder of Deeds, Centre County, Pennsylvania, stipulating the means by which said open land shall be preserved according to the following provisions or other acceptable provisions that create a permanent conservation easement. All open land shall be permanently restricted from future subdivision or development and shall be limited to the uses allowed in Article IV, § 215-24D, in perpetuity. Ownership of the open land is limited to one or a combination of the following:
A. 
Conservancy lot ownership restricted from further subdivision by permanent deed restriction; or
B. 
Establishment of a corporate ownership of the open land by a homeowners’ association, condominium association, planned community association or a NFP of the developed portion of the tract; any interest in the open land shall be incorporated and shall be subject to all of the provisions regulating associations as set forth in state regulations. In addition, the following regulations shall be met:[1]
(1) 
The applicant shall provide the municipality a description of the organization of the proposed homeowners' association, condominium association, planned community assocation or a NFP, including its bylaws, and all documents governing ownership, maintenance, and use restrictions for common facilities.
(2) 
The proposed association shall be established by the owner or applicant and shall be operating (with financial subsidization by the owner or applicant, if necessary) before the sale of any dwelling units in the development.
(3) 
Membership in the association shall be automatic (mandatory) for all purchasers of dwelling units therein and their successors in title.
(4) 
The association shall be responsible for maintenance and insurance of common facilities.
(5) 
The bylaws shall confer legal authority on the association to place a lien on any member who falls delinquent in his dues. Such dues along with the accrued interest shall be paid before the lien may be lifted.
(6) 
Written notice of any proposed transfer of common facilities must be given to all members of the association and to the municipality no less than 30 days prior to such event.
(7) 
The association shall provide a plan outlining the administration, maintenance, layout and operation of such common facilities; or
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Disposition of such land to a private or nonprofit corporation chartered under the laws of Pennsylvania to administer and maintain facilities subject to an acceptable deed restriction limiting eventual disposition of said open land for one or more of the uses permitted in Article IV, § 215-24D(1) through (3), of Chapter 215, Subdivision and Land Development, and stated in the articles of incorporation. Maintenance and other responsibilities for land reserved as open land intended to remain in private ownership shall be set forth in an agreement between the owners, or where land is to be retained by a single owner, shall be set forth in a formal, written document which shall be binding upon the owner(s). Any such disposition shall be referenced by note on the subdivision plan and recorded with Centre County; or
D. 
Dedication to the Township or other public entity, if the Township Board of Supervisors determines that such dedication is in the best interests of the Township and if the conditions of the dedication are acceptable to the developer.
[Added 3-11-1999 by Ord. No. 1999-1]
A. 
The applicant shall, at the time of preliminary plan submission, provide a plan for maintenance of open lands and operation of common facilities in accordance with the following requirements.[1]
(1) 
The plan shall define ownership;
(2) 
The plan shall establish the necessary regular and periodic operation and maintenance responsibilities for the various kinds of open land (i.e., lawns, playing fields, meadows, pastures, cropland, woodlands, etc.). Most land maintained in a natural state will require minimal maintenance and associated costs;
(3) 
The plan shall estimate staffing needs, insurance requirements, and associated costs, and define the means for funding the maintenance of the open land and operation of common facilities on an on-going basis. Such funding plan shall include the means for funding long-term capital improvements as well as regular yearly operating and maintenance costs;
(4) 
At the municipality's discretion, the applicant may be required to escrow sufficient funds for the maintenance and operation costs of common facilities for up to one year; and
(5) 
Any changes to the maintenance plan shall be approved by the Township Board of Supervisors.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
In the event that the organization established to maintain the open lands and the common facilities, or any successor organization thereto, fails to maintain all or any portion thereof in reasonable order and condition, the municipality may assume responsibility for maintenance. Designated representatives of the municipality may enter the premises and take corrective action, including extended maintenance. The costs of such corrective action may be charged to the property owner, homeowners' association, conservation organization, or individual property owners who make up a homeowners' association and may include administrative costs and penalties. At the municipality's election, such costs shall become a lien on said properties. Notice of such lien shall be filed by the municipality in the office of the Prothonotary of the County. The municipality shall also be authorized to bring an action at law to recover the reasonable costs of said maintenance, including the right to obtain reasonable counsel fees and costs.[2]
[2]
Editor's Note: Original Sec. 208, Buffer yard requirements and area and bulk regulations for quarry/extraction operations, asphalt paving plants, and ready mix concrete plants, added 12-11-1999 by Ord. No. 1999-11, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).